Lakshmi Charan Sen And Ors Etc vs A.K.M. Hassan Uzzaman And Ors. Etc on 8 May, 1985
The Apex Court in Lakshmi Charan Sen's case (supra) had ruled that the right to be included in the electoral roll or to challenge inclusion of any name in the voters list is a right conferred on an individual and not upon a political party. In fact, this ruling itself would justify rejection of the contention sought to be raised on behalf of respondent No. 4. The Apex Court in the said decision in no uncertain terms had ruled that the petition in representative capacity is maintainable when the identity of the persons for whose benefit the petition is filed can be ascertained from the petition, though such a petition would not lie when identity of such persons for whose benefit it is filed is not known or is not disclosed in the petition. In the case in hand, identity of persons for whose benefits the relief is sought for is made very clear and therefore, there is no substance in the contentions sought to be raised on behalf of respondent No. 4. The decision sought to be relied on, rather than assisting the respondent No. 4, justifies the view we are taking in the matter.