EC can remove fake names from rolls till nomination, HC says in Ghaziabad case

The high court also directed the EC to correct the electoral roll of Ghaziabad’s constituency no. 56

The Allahabad high court on Friday ruled that the election commission (EC) can remove duplicate and fake names from electoral rolls till the last date of filing of nomination. It also directed the EC to correct the electoral roll of Ghaziabad’s constituency no. 56.

The Allahabad high court also directed the EC to correct the electoral roll of Ghaziabad’s constituency no. 56. (PTI Photo)

The Bench, comprising Chief Justice DB Bhosale and justice Yashwant Varma, passed the order while hearing a PIL by Ghaziabad resident Ajay Rajput.

The petitioner’s contention was that he is a voter in constituency no. 56 and a large number of fake and duplicate voters are included in electoral roll there.

Advocates Anoop Trivedi and Saksham Srivastava, appearing for petitioner, argued that he had earlier sent a representation to the EC along with documents containing details of 10,504 duplicate voters and 7,123 fake voters in his area. He had also given details of houses in which, according to the electoral roll, more than 250 voters reside in each house, but no action has been taken by the officers on his representation till date, the advocates alleged.

The EC’s counsel raised preliminary objection and argued that the EC has already notified election dates and a PIL is not maintainable once that is done.

However, the Bench refused to accept this contention and clarified that as per law a voter list can be corrected till the last date of filing of nomination. Hence, the EC can make corrections even after elections have been notified.

The court, while disposing of the petition, directed EC to make corrections in the election roll of assembly constituency no. 56, Ghaziabad, if any voter name appears twice or if fake names have been added in the voter list.