RAMTHING HUNGYO Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This public interest litigation has been filed by the petitioners for issuance of a writ of mandamus directing the respondents to rectify the voter lists that were shifted to another/different Constituency by renaming the village names, as per the Delimitation Act, 1972 and the report of the Delimitation Commission 1973.

(2.) The case of the petitioners is that the voter lists of Horton, Soraland, Phyngton, Leihaopokpi, Risophung and Ngarumphung villages are either shifted/placed wholly or partly under different village by renaming the said villages and their voting rights were shifted to different Constituency which is in contradiction to the Delimitation Act, 1972 and the report of the Delimitation Commission, 1973. According to the petitioners, the authorities and some individuals, without following due process of law for their political gain, have intentionally misused the power of public office and have acted against the Delimitation Act, 1972 by shifting the voters of one village to another village by renaming the village and have transferred the voters under different Assembly Constituency which is not recommended by the Delimitation Commission. On 11/11/2021, the first petitioner has sent a legal notice, followed by a representation dtd. 20/11/2021 to the first respondent for rectification of the illegal transfer of voters from one Constituency to another Constituency by renaming the village name and by placing one village voters in two villages. Despite receipt of the representation and the legal notice, the respondents have failed to take any steps till date. Hence, the petitioners have filed the present writ petition.

(3.) The first respondent filed affidavit-in-opposition stating that the allegation of misusing the people's voting right by some interested person needs to be put to subjection of strict proof. The officials and other machineries working under the ECI have not indulged in any kind of such activities where the rights of voters are misused or deprived of. All the boundaries of Assembly as well as Parliamentary Constituencies in the State of Manipur are governed by the Delimitation Order, 1976 issued by the Delimitation Commission set up under Delimitation Act, 1972.These boundaries set up by the Commission of 1972 are still there, intact and unmodified. There has not been any deviation or alteration of boundaries as alleged by the petitioners.