Inclusion/ Exclusion Of Name In Voters' List Not An Extraordinary Circumstance Warranting Interference U/Art 226 Constitution: Gujarat HC Reiterates

The Gujarat High court has reiterated that removal of a person's name from the voters' list is not an "extraordinary circumstance" warranting invocation of High Court's extraordinary jurisdiction under Article 226 of the Constitution. It held that a person aggrieved must avail statutory remedy by filing election petition under Rule 28.

A Bench comprising Justice Biren Vaishnav and Justice Sandeep Bhatt affirmed the following observations made by a single judge,

"Once the process of election has been set in motion this Court under Article 226 of the Constitution of India would not interfere in the election process. Accordingly this Court is not inclined to interfere with the impugned order passed by the respondent No.3 and relegate the writ applicant to avail statutory remedy by filing election petition under Rule 28.

The rejection of the writ-applicant's name from the voters' list results in exclusion of name of the writ-applicant from the voters' list...the writ-applicant can avail the benefit of provisions of Rule 28 of the Rules by filing the election petition. The authority under Rule 28 has wide power to cancel and, confirm and amend the election and also to direct to hold fresh election in case the election is set aside and the remedy under Rule 28 is an efficacious remedy."

It was claimed that the Appellant's name was deleted from the voter's list and vide an LPA, the Appellant's objection to get his name on the voter's list was also rejected.