Lawstreet Journal

Gujarat High Court Reiterates: Inclusion/Exclusion Of Name In Voters’ List Not An Extraordinary Circumstance Warranting Interference Under Art 226 Constitution

Lawstreet Journal 20 May 2022 7:40pm

Image courtesy: Lawstreet Journal Judiciary Gujarat High Court Reiterates: Inclusion/Exclusion Of Name In Voters’ List Not An Extraordinary Circumstance Warranting Interference Under Art 226 Constitution

The Gujarat High Court held that the removal of a person's name from a voter list is not an "extraordinary circumstance" that requires the High Court to use its extraordinary jurisdiction under Article 226 of the Constitution. It was decided that a person who has been wronged must seek statutory relief by filing an election petition under Rule 28. 

BACKGROUND 

It was claimed that the Appellant's name was deleted from the voter's list and, via a Letter Patents Appeal, the Appellant's objection to getting his name on the voter's list was also rejected. 

PRECEDENTS 

The Division Bench consisting of Justice Biren Vaishnav and Justice Sandeep Bhatt relied on Daheda Group Seva Sahakari Mandli Limited vs. R. D. Rohit, Authorised Officer and Cooperative Officer (Marketing) 2006 (1) GCD 211, where it was held that the inclusion or exclusion of names in the voter's list could not be termed as extraordinary circumstances warranting interference by the High Court under Article 226. Another precedent was Ahmedabad Cotton Mfg. Ltd. v. Union of India and Ors. (18 GLR 714) where it was held that even though the extraordinary jurisdiction of the High Court under Articles 226 and 227 of the Constitution is very broad, the Court should be slow in exercising this jurisdiction where there are alternative remedies available.  

JUDGEMENT OF THE SINGLE JUDGE  

In this backdrop, the single judge refused to interfere in the matter. It had, however, granted liberty to the petitioner to approach the competent authority by raising an… Continue Reading...


Tagged: Gujarat High Court   Article 226   Constitution of India   Justice Biren Vaishnav   Justice Sandeep Bhatt   Seva Sahakari Mandli Limited   Articles 227   Petition under Rule 28  
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