Holding Elections to Legislatures and Holding them According to Law are Both Matters of Paramount Importance – High Court of Andhra Pradesh
The High Court of Andhra Pradesh addressed the issue of deletion of names from electoral rolls in the Parchuru Assembly Constituency, considering the principles of natural justice and procedural compliance.
Brief on Legal Point: The Court examined whether the deletion of petitioners’ names from the electoral rolls was in violation of natural justice and if due process was followed by the Electoral Registration Officer.
Facts and Issues Arising in Judgment: Petitioners, residents of Parchuru Assembly Constituency, challenged the deletion of their names from electoral rolls, alleging violations of natural justice and procedural irregularities. Respondents claimed due process was followed, and legal remedies were available to petitioners.
Court Assessment:
Principles of Natural Justice: The Court found procedural compliance by respondents, emphasizing that statutory appeal mechanisms are available and effective remedies for petitioners.
Compliance with Manual on Electoral Rolls, 2023: The Court noted arguments on non-adherence to the Manual by respondents but cited Supreme Court precedent, stating that instructions in the Manual do not equate to law, and non-compliance does not confer justiciable rights on petitioners.
Statutory Appeals as Efficacious Remedy: The Court opined that statutory appeals under the Representation of the People Act, 1950, are more appropriate for addressing grievances, rather than interference under Article 226 of the Constitution.
Relevance of Supreme Court Precedent: The Court referenced the Supreme Court’s observations on the importance of adherence to electoral laws to maintain the sanctity and public confidence in elections.
Decision: The writ petitions were disposed of, directing petitioners to statutory appeals. Interim orders in specific petitions were vacated. W.P. No. 32986 of 2023 was considered separately for its distinct relief sought.
Date of Decision: 02 February 2024
Batchina Gouthami and others VS The Election Commission of India
