A. SUBAIR Vs. CHIEF ELECTION COMMISSIONER OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the respondent, i.e., the Chief Election Commissioner of Kerala, to make arrangements enabling the petitioner to caste his vote by including his name in the Voters' List, on or before 19.05.2019, and for other related reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a permanent resident of Ward No.39 of Thiruvananthapuram Corporation, and he holds Ext.P1 Electoral Identity Card issued by the Election Commission of India. According to the petitioner, name of the petitioner was in the voters' list ever since he had the voting right. However, in the voters' list prepared for the purpose of election to Lok Sabha scheduled on 23.04.2019, the name of the petitioner is struck off from the electoral rolls, whereas his wife's and daughter's names were in the voters list. Even though petitioner approached the statutory authorities, there was no improvement in the matter, and thereupon, petitioner has submitted an application before the respondent on 02.05.2019, requesting to interfere in the matter and restore his voting right. But, in spite of the same, no action was initiated, which persuaded the petitioner to approach this Court by filing this writ petition.

(3.) A statement is filed on behalf of the respondent, contending that, by virtue of the provisions contained under Sections 22 and 23 of the Representation of the People Act, 1950, after the last date of making nominations, inclusion in the electoral roll is not possible and the last date of making nominations to the Parliamentary constituencies in Kerala was 04.04.2019, and since the petitioner's name was not in the electoral roll, petitioner is not entitled to vote.