19 June 2019
Kerala High Court holds that removal of Person from Voter’s List without hearing the Person is Arbitrary
The order was passed by a Single Bench of Justice Shaji P Chaly in a petition filed by one Subair challenging the removal of his name from the voters list of Thiruvananthapuram constituency in the recently held general elections. The Court referred to the proviso of Section 22 of the Representation of People Act 1950, which stated that the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to correction of electoral list. The Court held that the provision is “Peremptory in Nature.” Although the petitioner had approached the Court before the elections, the Election Commission of India informed the Court that there was a statutory bar to making inclusion in the voters list after the last date of making nominations. Despite the relief sought by the petitioner for voting in the Look Sabha elections becoming infructuous, the Court chose to proceed with the matter, considering the seriousness of the issue.