Karnataka HC: The Indian Election Commission should rigorously adhere to the legislation regarding voter registration

Karnataka HC: The Indian Election Commission should rigorously adhere to the legislation regarding voter registration

The Court was hearing a petition filed by Whitefield Rising Trust, which requested that a procedure be developed to process applications for inclusion and transfer to the electoral roll in a timely manner.

While finalizing the voters’ list, the Karnataka High Court directed the Election Commission of India (ECI) to carefully follow the terms of the Representation of the People Act, 1950 (Act) and the Registration of Electors Rules, 1960.

Acting Chief Justice Satish Chandra Sharma and Justice SS Magadum of the Division Bench also stated that the poll authority must follow executive orders for voter registration.

The responders must follow the statutory provisions of the Representation of People Act, 1950, and the Registration of Electors Rules, 1960, to the letter. They must also follow executive orders issued from time to time in regards to voter registration and the timeframes set out,” the order stated.

The Court was hearing a petition filed by Whitefield Rising Trust, which requested that a procedure be developed to process petitions for inclusion, transfer of names, or any other change to the electoral roll in a timely manner.

The ECI, represented by Advocate SR Dodawad, informed the court that required orders had been given for the timely settlement of grievances relating to the inclusion and non-inclusion of names on the voters’ list.

The petitioners claimed that there was no way in place to determine the number of online applications filed.

After documenting the ECE’s process, the Court dismissed the petition, noting that citizens have legal recourse in cases involving name registration or deletion.

“It is also said that the applications are now being dealt with concretely and that anyone who feels aggrieved in the matter has a remedy to approach the responders in the case of non-inclusion or inclusion in the voter’s list. This Court is of the decided conclusion that it cannot conduct a roaming inquiry throughout Bangalore’s township. As a result, if a person is harmed by his or her non-inclusion in the voter’s list, the People’s Representation Act and the Registration of Electors Rules, 1960 provide a remedy.  Finally, by filing a writ petition in respect of his individual cause of action, he has a remedy before this Court. Any person who has been aggrieved in this subject is free to seek remedies through the legal system. The petition is dismissed as a result of the above-mentioned instructions”.

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I am Ms. Aparna Mallik work to ensure social inclusion and justice, good governance, and citizen’s right. I am currently pursuing B.A LL.B (hons) from KIIT School of Law, Bhubaneswar. I have a keen interest on in legal drafting and research writing and constitutional law. My motive is to work for the social benefits of people and ensuring legal Aid to underprivileged person. I prefer legal writing as it develops eloquence, enhances neuroplasticity, and confidence. It's a bridge to understanding other people as you convey a message. I hope to get opportunities to work on social cause and people’s personal rights and contribute to the same.