Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Holding Elections to Legislatures and Holding them According to Law are Both Matters of Paramount Importance - High Court of Andhra Pradesh

07 May 2024 8:19 AM

By: Admin


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

 

Latest Legal News