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    In The High Court of Delhi at New Delhi

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    रोहित सिंह राजावत
    The petitioner filed a petition requesting that the election commission decide her objections to including someone's name in the electoral roll and to delete another person's name from the roll. However, the court noted that the law prevents amendments to the electoral roll after nominations have begun and before an election. Therefore, the court disposed of the petition and clarified it was not making a decision on the merits of the objections.

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    In The High Court of Delhi at New Delhi

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    रोहित सिंह राजावत
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    The petitioner filed a petition requesting that the election commission decide her objections to including someone's name in the electoral roll and to delete another person's name from the roll. However, the court noted that the law prevents amendments to the electoral roll after nominations have begun and before an election. Therefore, the court disposed of the petition and clarified it was not making a decision on the merits of the objections.

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    2396_2015

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    The petitioner filed a petition requesting that the election commission decide her objections to including someone's name in the electoral roll and to delete another person's name from the roll. However, the court noted that the law prevents amendments to the electoral roll after nominations have begun and before an election. Therefore, the court disposed of the petition and clarified it was not making a decision on the merits of the objections.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    19 views3 pages

    In The High Court of Delhi at New Delhi

    Uploaded by

    रोहित सिंह राजावत
    The petitioner filed a petition requesting that the election commission decide her objections to including someone's name in the electoral roll and to delete another person's name from the roll. However, the court noted that the law prevents amendments to the electoral roll after nominations have begun and before an election. Therefore, the court disposed of the petition and clarified it was not making a decision on the merits of the objections.

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    © All Rights Reserved
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    Download as pdf or txt
    of 3

    $~19

    * IN THE HIGH COURT OF DELHI AT NEW DELHI


    + W.P.(C) 969/2015
    KIRAN WALIA ..... Petitioner
    Through: Mr Pankaj Kumar, Mr Naveen Gaur
    and Ms Harpreet Kaur, Advocates.
    versus
    CHIEF ELECTION OFFICER & ANR. ..... Respondents
    Through: Mr P. R. Chopra and Mr Amit Sahni,
    Advocate for ECI.
    Mr H. S. Phoolka, Sr. Advocate with
    Mr Rahul Mehra, Mr Rishikesh
    Kumar and Ms Neha Rastogi,
    Advocates Arvind Kejriwal.

    CORAM:
    HON'BLE MR. JUSTICE VIBHU BAKHRU
    ORDER
    % 04.02.2015
    CM No.1707/2015
    Allowed, subject to all just exceptions.
    The application stands disposed of.
    W.P.(C) 969/2015 & CM No.1706/2015
    The petitioner has filed the present petition, inter alia, praying as
    under:-
    “i. Issue an appropriate writ/writs, order/ orders,
    direction/directions, whereby directing the
    respondent no.1 to decide the objections and
    application filed under Form-7 of the Registration
    of Electoral Rule, 1960 by the petitioner objecting
    the inclusion of name as a elector at 87, Block-K,
    B.K. Dutt Colony of the respondent no.2 in
    electoral list before including his name in the
    electoral roll of Delhi;
    ii. Issue the directions to the respondent no.1 to
    decide the application filed by the respondent no.2
    under form-8A of the Act in the light of the
    objections filed by petitioner and other objectors,
    facts stated above and the relevant provisions of
    law before entering his name as a Elector AC-40
    Part 144 of Delhi.
    iii. Issue directions to election commission through
    concerned officials to delete the entry of his name
    from the electors roll part no.111 Sr. No.515 AC-
    40, New Delhi as per respondent no.2’s own
    declaration he seizes to be the ordinary resident of
    C-II/23, Tilak Lane, New Delhi since 30.07.14. ”

    Essentially, the petitioners grievance is that her objections against the


    inclusion of the name of respondent no.2 has not been considered by the
    concerned officer. The learned counsel for the petitioner also contends that
    the Electoral Registration Officer was obliged to carry out the deletion from
    the Electoral Roll on the relevant facts, as stated in the petitioner’s
    complaint, being brought to his knowledge. The learned counsel for the
    petitioner has further handed over a photocopy of Form 8A dated
    17.11.2014 which contains respondent no.2’s request for noting down his
    residential address as 514 VBP House, Rafi Marg. It is submitted that the
    period of continuous residence as reflected in that Form was zero years and
    zero months. The learned counsel further contends that Form 8A submitted
    by respondent no.2 for recording his residential address as K-block, B. K.
    Dutt Colony, Delhi also contains a similar assertion and in these
    circumstances, the said form could not have been accepted.
    The learned counsel for the respondent has drawn the attention of this
    Court to Section 23(3) of the Representation of the Peoples’ Act, 1950,
    which reads as under:-
    “(3) No amendment, transposition or deletion of any
    entry shall be made under section 22 and no
    direction for the inclusion of a name in the
    electoral roll of a constituency shall be given under
    this section, after the last date for making
    nominations for an election in that constituency or
    in the parliamentary constituency within which that
    constituency is comprised and before the
    completion of that election.”

    The learned counsel for the respondent further states that the
    objections raised by the petitioner would be considered at an appropriate
    stage after the elections are over.
    In view of the express provisions of Section 23(3) of the said Act and
    the statement made by the learned counsel for the respondent, no further
    orders are required to be passed in this petition at this stage. The petition, is
    accordingly, disposed of.
    It is clarified that nothing stated in the order should be construed as an
    expression of opinion on the merits of the controversy.

    VIBHU BAKHRU, J
    FEBRUARY 04, 2015
    MK

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