M.G. PRADEEP Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) These petitions are a reminder that the elections are around the corner and as always dispute regarding pre-election process galore. These petitions are filed by the political party and the booth level agents of the said political party. Since the issues in the lis are common, they are taken up together, considered and disposed by this common order.

(2.) 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 23/1/2023 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 4/10/2022 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 9/11/2022. Representations had been submitted between 4/10/2022 and 9/11/2022 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 15/1/2023 the final electoral roll was notified by the Commission for Shivajinagar Assemby 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.

(3.) The learned senior counsel Sri.Vivek.S.Reddy appearing for the petitioner would contend that the Commission has not carried out any exercise in accordance with law, so as to identify the voters, that are either dead, or have shifted and even duplication of voters. He would admit that duplication inter-constituency cannot be done at this stage, but intra constituency has to be done to identify duplication of votes. It is his further contention that the Block Level Agents ('BLA' for short) have identified 26000 names of voters, who are either dead or have shifted from the constituency and that list was submitted to the Commission who have not acted upon the said complaint. It is therefore the representations were submitted, both before the publication of the final electoral roll and the other after its publication. He would seek a direction to consider those representations.