Re-verification of the necessary election process and consider the objection made in the election process before publishing final electoral role – Manipur high court

Item No. 19 Through video conferencing) IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P.(C) No. 9921 Versus …. Petitioner s Khundongbam Raheshwor Singh & 19 Ors. Union of India & 17 Ors. HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH Respondent s Heard Mr. I. Bikramjit learned counsel appearing for the petitioners Mr. W. Darakishwor learned senior panel counsel appearing for the respondent No. 1 and Mr. A. Jagjit learned counsel appearing for the respondents No. 2 to The simple grievance of the petitioners is that at the time of publication of the Electoral Role in respect of Heirok Assembly Constituency the petitioners have made certain objections regarding inclusion of underage minor persons in the Electoral Role inclusion of persons who are not residents of Heirok Assembly Constituency entry of double names of the same person etc however the said objections have not been considered by the Concerned Officers of the Election Commission. The learned counsel appearing for the petitioners submitted that as per the relevant notification the final publication of the Electoral Role falls on 05.01.2022 and the grievances of the petitioners will be redressed if the Concerned Officer of the Election Commission considers their objections and the process for re verification of the Electoral Role in respect of Heirok WP(C) NO. 993 OF 2021 Assemble Constituency is taken up before the final publication of the said Electoral Role. In this regard the learned counsel for the petitioners have drawn the attention of this Court to the representation dated 10.12.2021 submitted by the 11persons who are some of the petitioners herein to the Electoral Registration Officer Heirok Assembly Constituency Thoubal and made a prayer for considering those objections and to take up the re verification process of the Electoral Role in respect of Heirok Assembly Constituency before publication of the final Electoral Role. Mr. A. Jagjit learned counsel appearing for the respondents No. 2 5 submitted that the publication of the Electoral Role is an ongoing process and the final publication of the Electoral Role is to be done on or before 05.01.2022 so as to enable the Election Commission to hold the General Assembly Election of the State of Manipur. The Election Commission is dealing with numerous objections with regards to the Electoral Role in respect of all the different constituencies within the State of Manipur and the Election Commission cannot simultaneously considered all those objections in time and the process of re verification or dealing with the objection required some time. However the learned counsel fairly submitted that the Concerned Officer of the Election Commission will consider the aforesaid objections dated 10.12.2021 submitted by the some of the present petitioners to the Electoral Registration Officer Heirok Assembly Constituency Thoubal District and the necessary re verification process will be taken up before publication of the final Electoral Role. In view of the submissions advanced by the learned counsel appearing for the parties this Court is of the considered view that the present writ petition WP(C) NO. 993 OF 2021 can be disposed of by directing the respondents No. 2 and 5 to consider the aforesaid representation dated 10.12.2021 and to take the necessary process of re verification before publishing of the final Electoral Role. It is made clear that at the time of consideration of the aforesaid objection an opportunity of hearing should be given to some of the applicants if not all who submitted the said objection. With the aforesaid directions the present writ petition is disposed of. A copy of this order be furnished to all the counsel through their whatsapp e mail. JUDGE Sapana WP(C) NO. 993 OF 2021 

Summary: Re-verification of the necessary election process and consider the objection made in the election process before publishing final electoral role – Manipur high court A writ petition questioning the objection made against the election commission not considering the necessary issue against the election process and false entries in the electoral roll was disposed of by the single bench of HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH in the case of Khundongbam Raheshwor Singh &amp; 19 Ors versus Union of India &amp; 17 Ors (W.P.(C) No. 993 of 2021) The learned counsel appearing on behalf of the petitioners submitted that at the time of publication of the Electoral Role in respect of Heirok Assembly Constituency, the petitioners have made certain objections regarding the inclusion of underage/minor persons in the Electoral Roll, inclusion of persons who are not residents of the same  Constituency, entry of double names of the same person, etc, and the said objections have not been considered by the Concerned Officers of the Election Commission. It is further submitted that the final publication of the Electoral Role falls on 05.01.2022 and the grievances of the petitioners will be redressed if the Concerned Officer of the Election Commission considers their objections and the process for re-verification of the Electoral Roll. hence prayer is made to consider those objections before the publication of the final electoral roll. The learned counsel appearing for the respondents submits that the publication of the Electoral Roll is an ongoing process and the final publication of the Electoral Role is to be done on or before 05.01.2022 to enable the Election Commission to hold the General Assembly Election of the State of Manipur and Election Commission cannot simultaneously consider all those objections in time and the process of re-verification or dealing with the objection. After considering the submissions from both sides this Court is of the considered view that the present writ petition can be disposed of by directing the respondents No. 2 and 5 to consider the aforesaid representation dated 10.12.2021 and to take the necessary process of re-verification before the publishing of the final Electoral Role and it should be made clear that at the time of consideration of the aforesaid objection, an opportunity of hearing should be given to some of the applicants. Click here to read the judgment