KUMAR SHASHANK SHEKHER Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India seeks the following reliefs:

(2.) It is submitted that the petitioner is a resident of Mehrauli Constituency. On 9/6/2023, the petitioner had applied for update of his electoral record consequent upon change in his residential address within the same constituency. The said application of the petitioner was scrutinized by the respondent/ECI and accordingly, the respondent/ECI issued a fresh Voter ID Card to the petitioner. It is submitted that the petitioner has never applied for seeking deletion of petitioner's name/detail from the electoral record. However, on 16/5/2024, while checking for the polling centre relevant for the petitioner to cast his vote in sixth phase of General Elections, 2024, scheduled to be conducted in Delhi on 25/5/2024, no result could be obtained online. The petitioner is stated to have made representations to the respondents highlighting the said issue, however, to no avail. In the said backdrop, the present petition came to be filed.

(3.) Learned counsel for the petitioner submits that the non-inclusion of the petitioner's name in the electoral roll of Mehrauli Constituency is arbitrary, illegal and is contrary to the provisions of Representation of the People Act, 1950 and Registration of Electoral Rules, 1960. It is further submitted that said action of the respondents is contrary to the directions contained in the order dtd. 4/8/2023, passed by the Supreme Court in W.P.(C) 1253/2021 titled as M.G. Devasahayam and Ors. v. Union of India and Anr. He has further placed reliance on decision of the Supreme Court in Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman, (1985) 4 SCC 689. It is submitted that no prior notice was given to the petitioner before deletion of his name from the electoral roll.