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New Delhi, Oct 13 (IANS) The Supreme Court on Monday refused to entertain a public interest litigation (PIL) alleging serious irregularities in electoral rolls in states. A division bench of Justice Surya Kant and Justice Joymalya Bagchi asked the petitioner to take up the issue with the Election Commission of India (ECI).
In response, the petitioner’s counsel said that a representation has already been made to the Election Commission regarding irregularities in the voter list, but “no effective action or response” has been received.
However, the top court refused to entertain the petition filed in public interest, noting that the petitioner can pursue remedies available under law.
The PIL sought immediate judicial intervention to ensure the integrity of the electoral process and maintain the constitutional order of “one person, one vote”. According to the PIL, “The names of the same voters have been found registered in multiple constituencies, which is a clear violation of the provisions of the Constitution of India.”
The petition, filed through lawyer Kausar Raza Faridi, cited specific instances where individuals were found registered in multiple constituencies across the country.
The PIL claimed that one voter each is registered in Mahadevapura (Bengaluru), Lucknow East and Jogeshwari East (Maharashtra). Similarly, one more person is registered simultaneously in Mahadevpur and Varanasi Cantonment constituencies.
“The EPIC number issued by the Election Commission of India is uniquely allotted to an individual, however, in the present case, the above mentioned voter is found registered in multiple constituencies, which clearly shows that the same individual has voting rights in four constituencies in the country, which is in direct violation of the prevailing laws and the constitutional order ensuring one person, one vote,” the plea alleged.
It further said that within the same constituency, “about 10,652 voters at different booths have similar details such as house number or father’s name”.
The PIL claimed that “40,009 illegal voters and 10,452 duplicate entries exist” in the same constituency.
The petition has expressed serious concern over the sudden and disproportionate increase in voter turnout in Maharashtra after the 2024 Lok Sabha elections and before the Assembly elections.
“Within a period of about four months, about 39 lakh new voters were added to the electoral rolls, whereas only about 50 lakh voters were added in the last five years,” the petition said. The petition described this increase as “a serious question on the transparency of the Election Commission in the process of adding names to the voters’ list”.
It also mentions an FIR lodged by an election officer in Kalaburagi, Karnataka, after suspicious additions and deletions were detected in the voter list.
“CID has sought clarification from the Election Commission of India on approximately 20 occasions, yet no response has been given, nor has any cooperation been given,” the plea said.
The PIL cited the example of Chandrapur constituency number 71 in Maharashtra, where “about 80 voters are registered in a single house, where it is revealed that no one currently lives.”
The petition also attached the testimony of a 63-year-old voter, whose name was removed without his knowledge. “During the elections, I have not filed any application for removal of the post. I have nothing to do with it. I don’t know who has done this,” he said.
Arguing that these irregularities violate Articles 14, 21, 324 and 326 of the Constitution, the petition said, “Such manipulation of the electoral roll attacks the very root of the constitutional guarantee enshrined under Article 326 (universal adult suffrage), violates Article 324 (supervision of free and fair elections by the Election Commission of India), and directly Violates Articles 14 and 21 of the Constitution. India, which protects equality before law and the right to participate meaningfully in democratic governance.”
Citing several previous decisions of the apex court, the PIL said that the Supreme Court has consistently held that free and fair elections are part of the basic structure of the Constitution.
–IANS
PDS/DPB