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Civil Court has no jurisdiction to entertain petition Rule 31 of the Registration of Electors Rules,

Raj Kumar Makkad ,
  11 November 2010       Share Bookmark

Court :
Madras High Court
Brief :
System of enrollment in the election process was questioned applying Rule 31 of the Registration of Electors Rules, 1960- Whether Court can substitute a different mode of preparation of electoral rolls of the graduate voters for election of members of Legislative Council?
Citation :
All Media Journalists Association, rep. by its President, P.G. Sathyalaya Ramakrishnan v. The Chief Election Commissioner, Election Commission of India and The Chief Electoral Officer, The Election Commission, The State Government of Tamil Nadu (Decided on 21.10.2010) MANU/TN/1990/2010

Held, that Rule 31 of the Registration of Electors Rules, 1960 provides the procedure for preparation of electoral rolls for the purpose of graduates' and teachers' constituencies. Since it had not been disputed by the petitioner that the respondents were adopting the procedure other than the one prescribed, and fixing the date for submission of application and registration as graduate voters, therefore, this Court could not substitute a different mode of preparation of electoral rolls of the graduate voters for election of members of Legislative Council for the Graduate Constituencies. The petitioners were at liberty to move the appropriate authority for the change of mode and for any other method of preparation of electoral rolls. No relief can be granted in this petition and was dismissed.

 
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Published in Constitutional Law
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