WP(C)/993/2021 of KHUNDONGBAM RAJESHWOR SINGH AND 19 OTHERS Vs UNION OF INDIA AND 17 OTHERS on 29 December 2021

IN THE HIGH COURT OF MANIPUR AT IMPHAL

W.P.(C) No. 993 of 2021

Khundongbam Raheshwor Singh & 19 Ors.

- Versus –

…. Petitioner/s

Union of India & 17 Ors.

.... Respondent/s

BEFORE HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

29.12.2021

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 5.

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 the 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 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 11 (eleven) persons, 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 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