is the voter list is valid which published after last date.
adv.abhay s. patil
(Querist) 10 November 2009
This query is : Resolved
Sir, in maharashtra last month assambly election was finished.
in that election notification was published on 18/9/2009 and last date to filed nomination was 25/9/2009.
but after 25/9/2009 one voters supplimentry list was published in my vidhansabha sang.that list was published on 28/9/2009.4500 and more voters vote from that last list.
and my query is that ---
-- Weather that voter list is valid?
-- Is any ony from that last published list can get relif from court 'that he have not get the chance to contest election because election commession published that list after the last date of nomination?
-- Is the second runup candidate can filed a petition against election commession on this ground undrs representative of people act sec.23(3)?
Plese support me and answer me.
niranjan
(Expert) 10 November 2009
You can file election petition after the election is over.
adv. rajeev ( rajoo )
(Expert) 10 November 2009
If a person who wants to contest the election should be enrolled to voters list.
If he has not enrolled or his name is not appearing in voter list there will be a notification by the govt., to enroll their names to the voters list within the specified period. If he failed to enroll his name within the given period then he will have no chance.
At the time of enrolling the name acknowledgement will be issued by the election officer of the concerned .
constitutency, while filing the nomination to contest the election he can produce it before the election officer. At the time of scrutining the nomination application it can be produced.
Before filing the election petition it is necessary to know that whether his name is enrolled to the voters list or he had given any application to enroll his name?
Raj Kumar Makkad
(Expert) 10 November 2009
In your case, the list published after the filing of the nomination paper is definitely an illegal act and anyone out of that list could have made representation to the election commission at that time that I could not file my nomination on that ground but no one challenged it at that relevant time so no chance remains at all to challenge that list and the candidate who stood second has no chance at all because he has contested the election on that list and has thus lost chance
adv.abhay s. patil
(Querist) 09 July 2010
I am not agree with Mr. Raj.
Bacause in people rep. act. 1951 in sec.23(3) it is clear.