Karnataka High Court Directs ECI to swiftly Rectify Discrepancies In Electoral Rolls Of Shivajinagar, Shanthi Nagar Assembly Constituencies.
The Karnataka High Court has directed the Election Commission of India to act swiftly and conclude the exercise of correcting the electoral rolls in Shivaji Nagar and Shanthi Nagar constituencies in Bengaluru, by identifying voters who have expired and those who have shifted to other areas, by March 26. This was in the case of Bharatiya Janata Party V. Election Commission of India & Others (WRIT PETITION NO. 3592 OF 2023 C/W WRIT PETITION NO. 2632 OF 2023) and was presided over by a single bench of Justice M. Nagaprasanna.
FACTS OF THE CASE:
The petitioner, in the subject petition, is a political party represented by its General Secretary, is knocking at the doors of this Court seeking consideration of their representations submitted on 30-11-2022 and 23-01-2023 for corrective measures to be taken in the electoral roll concerning Shivajinagar Assembly Constituency of the State of Karnataka. What drives the petitioner to submit those representations is required to be noticed. The process for conduct of a pre-election procedure is initiated by the Election Commission of India (‘Commission’ for short). In furtherance of the said conduct of pre-election procedure, the Commission started preparation of electoral roll and published a revised electoral roll. On 04-10-2022 periodical revision of the electoral roll was done and was updated; this forms the last of the updates. An integrated draft electoral roll was published on 09-11-2022. Representations had been submitted between 04-10-2022 and 09-11-2022 regarding certain discrepancies in the electoral roll. It is claimed that there were several complaints regarding the voter data submitted before the Commission. Owing to certain complaints even after publication of the integrated draft electoral roll, the Commission initiates certain proceedings on 25-11-2022 by directing the Government of Karnataka to collect the voter data. After the notification of the integrated draft electoral roll, insofar as it concerns Shivajinagar constituency, the petitioner in the subject petition had submitted a representation on 30-11-2022 bringing it to its notice that there were certain discrepancies in the electoral roll and sought consideration of it. On 15-01-2023 the final electoral roll was notified by the Commission for Shivajinagar Assembly Constituency. After the said notification again, the petitioner submits another representation bringing out the very discrepancy. Non-consideration of those representations has driven the petitioner to this Court in the subject petition concerning Shivajingar assembly constituency.
JUDGEMENT:
The court opined that “submissions, observations, directions issued supra concerning Shivajinagar Constituency would become applicable to the case at hand as well. Therefore, the exercise concerning Shanthinagar constituency shall also be undertaken strictly in consonance with the with the Act, the Rules, guidelines and circulars with particular reference to Rule 21A of the Representation of the People Act and Rules, 1950 / 1951.”It added”the Commission is required to begin to act swiftly; beginning today and in view of the paucity of time and the impending urgency, the Commission shall conclude the aforesaid exercise on or before 26.03.2023, for which, the Commission is at liberty to regulate the procedure in compliance with the aforesaid direction. The Commission must bear in mind that these discrepancies are to be rectified for the conduct of elections, to be free and fair. Elections being free and fair, is the paramount essence of democracy, in fact, it is the life blood of a democracy.
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA.
