DILEEP Vs. M.P. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed being aggrieved with the order dtd. 10/6/2022, annexure P/1, passed in appeal No.108/B-121/2022-23 by the Appeal Officer, Nagar Parishad, Bhedaghat, (ex-officio S.D.O. Jabalpur (Revenue).

(2.) The grievance of the petitioner is that the petitioner is a resident of Ward No.11, Lamheta Ghat, Jabalpur, since 2017. His name was also included in the voter list issued in the year 2021 by the Election Commission for the purpose of election of Legislative Assembly and was issued the voter card No.MSD 3162625 dtd. 23/3/2021. His name is also published in the Vidhan Sabha electoral roll, 2022 area Bargi-96 Part No.190 Sec. 1. On 8/3/2022 the Panchayat and Nagriya Nikai elections were notified. Thereafter, the election programme was declared. The petitioner was surprised when he found that his name is omitted from the voters' list. He immediately submitted an application under , before the respondent no.4 on 1/6/2022 requesting to add his name. Vide order dtd. 7/6/2022 the application was rejected. Being aggrieved thereof, the petitioner filed an appeal under Rule 23 of the Registration of Electors Rules, 1960 before the respondent no.3. However, vide impugned order dtd. 10/6/2022, the appeal was also dismissed.

(3.) The contention of learned counsel for the petitioner is that now the position is that the name of the petitioner does not find place in any of the voters' list anywhere in India, therefore, the petitioner has lost his valuable right to vote and to take part in the elections. The name of the petitioner has been excluded from the voters' list only on the basis of report of the Patwari and to extend the undue benefit to some other interested person. In such circumstances, the petitioner prays that this Court may be pleased to interfere in the matter and permit him to fill up the nomination form for the ensuing elections. He submitted that the last date for submitting of nomination is 18/6/2022. Hence, there is urgency in the matter.