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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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