DILIP KAUSHAL Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners have filed the present writ petition No. 5741/2021 under Article 226 of the Constitution of India challenging the final voter list published by the respondents for the upcoming Municipalities Elections.

(2.) Facts of the case in short are:-

(3.) Shri Vibhor Khandelwal, learned counsel for the petitioners submits that after detailed enquiry and investigation the respondents had concluded that 125000 persons are not residing in Indore city then their names ought not to have been included in the draft voter list. The authorities are duty-bound to publish the final voter list after following the due process in accordance with the provisions of Rules 3, 4, 5 and 6 of the Rules of 1994. The objections submitted by the petitioner have not been decided in accordance with the law and the same was not duly communicated to the petitioners otherwise they could have preferred an appeal under Rule 9 of the Rules of 1994. Hence the entire voter list may be quashed with the direction to the respondents to prepare a fresh as per the Rules 3,4,5,and 6 of the Rules of 1994.