The High Court of Karnataka disposed of a PIL filed by Whitefield Rising Trust seeking directions to the Election Commission and other respondents to formulate a time-bound mechanism for processing electoral roll applications, noting existing remedies under the RPA 1950 and Rules of 1960.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.558/2018 (GM-RES-PIL)
BETWEEN
WHITEFIELD RISING TRUST A REGISTERED CHARITABLE TRUST HAVING ITS OFFICE AT C/O LAW FIRM OF NAREN THAPPETA #7, SIGMA SOFT TECH PARK 5TH FLOOR, BETA BLOCK WHITEFIELD MAIN ROAD, VARTHUR KODI BANGALORE INDIA-560 066 REPRESENTED BY ITS AUTHORISED SIGNATORY AMBIKA SEN
... PETITIONER
(BY SRI JOSEPH ANTHONY, ADV.)
AND:
1 . STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001
2
MAHARANI'S COLLEGE CIRCLE SHESHADRI ROAD BENGALURU-560 001
3
BENGALURU-560 049
4
K.DOMMASANDRA, BELTHUR ROAD VIRGONAGAN POST BENGALURU-560 049
16 SMT VINAYA S ANKOLEKAR W/O SRI SHRINIVAS S SHETTI AGED ABOUT 32 YEARS R/O #206, 2ND FLOOR A BLOCK, DS MAX SANGAM K.DOMMASANDRA, BELTHUR ROAD VIRGONAGAN POST BENGALURU-560 049
... RESPONDENTS
(BY SRI V.SREENIDHI, AGA FPR R1 SRI S.R.DOODWAD, ADV. FOR R2 SRI AMITH DESHPANDE, ADV. FOR R4 MS.ANUPARNA BORDOLOI, ADV., FPR R5 TO R16)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO 4 TO FORMULATE A MECHANISM TO PROCESS ALL APPLICATIONS SUBMITTED FOR INCLUSION, TRANSFER OR ANY OTHER MODIFICATION TO THE ELECTRORAL ROLL IN A TIMEBOUND MANNER AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
The petitioner - Whitefield Rising Trust, a charitable trust has filed the present public interest litigation stating that large number of voters who are otherwise eligible under the provisions of Constitution of India and under the Representation of People Act, 1950 (for short 'Act of 1950') have not been included in the vot1ers list and in respect of best efforts on their part, their applications have not been
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entertained. The prayer made in the relief clause is reproduced as under:
(a) Issue a writ of mandamus or any direction/order in the nature of a mandamus directing Respondents No.2 to 4, to formulate a mechanism to process all applications submitted for inclusion, transfer or any other modification to the electoral roll in a time bound manner.
(b) Issue a writ of mandamus or any direction/order in the nature of a mandamus directing Respondents No.2 to 4, to formulate a mechanism to ensure that the status of the each of the applications is made known to the applicant/s electronically/online on a real time basis such that the applicant/s can keep track of the processing and progress of their application/s; (c) Issue a writ of mandamus or any direction/order in the nature of a mandamus directing Respondents No.2 to 4 to furnish an acknowledgement on each occasion an application or any other documents are received for inclusion, transfer or any other modification to the electoral roll;
(d) Issue a writ of mandamus or any direction/order in the nature of a mandamus directing Respondents No.2 to 4 to establish an electronic platform such that a record of all documents submitted along with the application for inclusion, transfer or any other modification to the
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electoral roll or a record of documents submitted otherwise, are made accessible to the applicant; (e) Issue a writ of mandamus or any direction/order in the nature of a mandamus directing Respondents No.3 and 4, to comply with the directions/instructions issued by the Respondent No.2 (Election Commission of India) in its letter dated 08.07.2015 (Annexure-D). (f) Pass any other order or grant such other relief/s that this Hon'ble Court deems appropriate.
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remedy to approach the respondents and this Court cannot enquire in respect of the entire township of Bangalore. Therefore, in case any individual is aggrieved by noninclusion of his name in the voters list under the Act of 1950 and Rules of 1960, he does have a remedy before this Court by filing a petition.
No order as to costs.
SD/ACTING CHIEF JUSTICE
SD/-
JUDGE
CS
2 issues framed by the court
Whether the Court should direct the Election Commission to formulate a time-bound mechanism for processing electoral roll applications.
Whether the Court can intervene regarding the general validity or delays in the electoral registration process.
3 provisions across 3 enactments
Whitefield Rising Trust
State of Karnataka
Election Commission of India
Chief Electoral Officer
Bengaluru Mahanagara Palike Corporation
Residents of Whitefield and Bengaluru
Satish Chandra Sharma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
