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1 - 9 of 9 (0.32 seconds)Section 30 in The Representation Of The People Act, 1950 [Entire Act]
Section 22 in The Representation Of The People Act, 1950 [Entire Act]
Section 23 in The Representation Of The People Act, 1950 [Entire Act]
Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
Section 4 in The Representation Of The People Act, 1950 [Entire Act]
Section 28 in The Representation Of The People Act, 1950 [Entire Act]
Section 24 in The Representation Of The People Act, 1950 [Entire Act]
Amrit Lal Baveja vs Election Commission Of India And Others on 4 August, 2009
Provided that when an application is rejected by the
registration officer, he shall record in writing a brief
statement of his reasons for such rejections.]
It is clear from section 30 of Representation of Peoples Act 1950,
there is bar of jurisdiction of civil Court to entertain or adjudicate
upon any question whether any person is or is not entitled to be
registered in an electoral roll for a constituency or to question legality
of any action taken by the authority of an Electoral Registration
Officer or any decision given by that authority. Section 22 of said Act
prescribes the procedure for correction of entries in electoral rolls.
After following the procedures prescribed in Rule 5 and 6 of The
O.S.NO.6254/2024
34
Registration of Electoral Rules 1960, it will be entered in the electoral
roll and election identity card will be issued to the elector for
franchise of his votes in the elections held to the constituency or other
general elections or local Gram Panchayat or local body elections.
The power for corrections of entries and inclusion of names in
electoral rolls and issuance of election identity card vested with
jurisdictional Registration officer and appeals are also vested with said
Rules. Hence, this Court has no jurisdiction to direct the electoral
authorities for change of name of plaintiff in the electoral rolls and
election identity card as held in the decision reported in Amrit Lal
Baveja V/S Election Commission of India and others AIR
2010(NOC) 82(P&H). Even in the decision reported in Rampakavi
Rayappa Belagali V/s B.D.Jatti and others 1970(3) SCC 147 in
which Hon'ble Supreme Court has held that, Court cannot derive
jurisdiction apart from the statute. When statute has not provided
jurisdiction to the Court to exercise power, this Court cannot exercise
and direct the defendant No.10 and 11 to make correction in their
records. This Court can only direct school authorities for change of
O.S.NO.6254/2024
35
name of plaintiff in the school authorities. So I answer issue No.5 in
partly AFFIRMATIVE.
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