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High Court of DelhiW.P.(C)/17534/2024

Rashtravadi Aadarsh Mahasangh(Regd.) v. Election Commission Of India & ANR.

2024-12-19Hon'Ble The Acting Chief Justice,Hon'Ble Mr. Justice Tushar Rao Gedela2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17534/2024 & CM APPL. 74670-71/2024 RASHTRAVADI AADARSH MAHASANGH(REGD.) .....Petitioner Through:

Mr Umesh Sharma and Mr M K Sharma, Advocates.

versus ELECTION COMMISSION OF INDIA & ANR.

.....Respondents Through:

Counsel (appearance slip not given)

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 19.12.2024 1.

The petitioner has filed the present petition as a Public Interest Litigation (PIL), inter alia, praying as under:- "a) Issue Writ, order or direction in the nature of MANDAMUS directing Election Commission of India, to comply with the provisions of Section 22 of the Representation of Peoples Act, 1950 and carry out correction of the voters list of all the states and seek compliance from all the states on its letter dated 11/8/2023 through the Photo Similar entries (PSE) and Demographic Similar Entries (DSE) method and other Artificial Intelligence tools.

b) Issue Writ, order or direction in the nature of MANDAMUS directing the Election Commission of Delhi, the respondent No.2 herein, to comply with the provisions of Section 22 of the Representation of Peoples Act, 1950 and carry out correction of the voters list of all the states and seek compliance from all the states in terms of the letter dated 11/8/2023, issued by the Election Commission of India.

c) Writ, order or direction in the nature of MANDAMUS or any other appropriate, writ, order or direction thereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 12:08:36

directing legal action against the individual voters who are maintaining multiple entries in the voters list, d) Cost of the petition be also allowed in favour of the Petitioner."

2.

The petitioner has highlighted the issue of duplicate voters in the voters list of states. It is pointed out that the Election Commission of India (hereafter ECI) also issued the communication dated 11.08.2023 and referring to Section 22 of the Representation of the Peoples Act, 1950, directed correction in the electoral rolls.

3.

The learned counsel appearing for the petitioner states that although the letter dated 11.08.2023 was addressed to the Chief Electoral Officers of all the States and Union Territories, but no action has been taken. 4.

Since the ECI has already directed initiation of steps for correction in the electoral rolls, we do not consider it necessary to pass any orders in this petition.

However, we consider it apposite to permit the petitioner to forward this petition to the ECI to consider the averments made in the present petition.

5.

The petition is disposed of in the aforesaid terms. Pending applications stands disposed of.

VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J DECEMBER 19, 2024 M Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 12:08:36