Satisfied That No Further Directions Are Required: Apex Court While Disposing Of PIL Seeking Preparation Of Revised Electoral Roll For General Elections 2024

The Apex Court observed that it was satisfied with the comprehensive counter affidavit filed by the ECI in response to the specific queries raised.

Accordingly, a Bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra observed, “A comprehensive counter affidavit has been filed on behalf of the Election Commission of India explaining the steps which have been taken by the Election Commission specifically in relation to the categories of voters who have ‘shifted’ or, as the case may be, pertaining to ‘demographically similar entries and deaths’. The Election Commission has also clarified the procedure which has been followed in the case of ‘multiple entries, photo similar entries and demographically similar entries’ ...Based on the disclosures which have been made in the counter affidavit and in the subsequent note which deals with the queries which were raised, we are satisfied that no further directions are required to be passed by this Court. We, accordingly, close the proceedings at this stage”.

AOR T. N. Singh appeared for the petitioner and AOR Amit Sharma appeared for the respondent.

Pertinently, earlier, the Court had sought the response of the Election Commission of India (ECI) on two queries regarding the deletion of duplicate entries from the electoral rolls:

(i) When instructions have been provided by the Chief Electoral Officers to the District Electoral Officers, there is no reference to duplicate entries; and

(ii) The number of persons whose names have been deleted on the ground that they are dead, have shifted or in the case of demographically similar entries is in excess of the actual number of persons who fell within the above categories.

Therefore, on the last occasion, in order to enable the counsel appearing on behalf of the Election Commission of India to furnish a response to the two submissions, the bench had directed that the proceedings be stood over to February 12, 2024.

The writ petition was filed by an NGO Samvidhan Bachao Trust seeking directions to the Election Commission of India:

-to prepare revised electoral roll in accordance with the provision of Article 324 of the Constitution of India read with instructions issued by the Election Commission of India;

-to prepare electoral rolls in accordance with the provision of Section 22 of the Representation of People Act, 1950 read with instructions issued by the Election Commission of India with regard to deletion of the names of electors from electoral roll in case of "SHIFTING", "DEMOGRAPHIC SIMILAR ENTRIES (DSEs.)" AND "DEATH";

-not to delete the names of permanent voters forcefully from a constituency without issuing notice for the same by a registered post and also 2 providing an opportunity for filing an objection and hearing in accordance with the directives issued by the Election Commission of India;

-for quashing or setting aside instruction issued by the Election Commission of India with regard to appointment of Booth Level Agents for the purposes of preparation of electoral roll;

-to prepare accurate electoral roll for the purposes of holding free, fair and transparent ensuing Parliament Election, 2024.

Appearance:

Petitioner: AOR T. N. Singh

Respondents: AOR Amit Sharma, Advocates Dipesh Sinha, Pallavi Barua, Aparna Singh, Karan Singh Dalal, Raunaq Dalal, AOR Deepkaran Dalal

Cause Title: Samvidhan Bachao Trust v. Election Commission Of India & Ors.

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