Supreme Court rules on voter deletion and right to be heard

It matters to citizens as it interprets constitutional provisions and laws governing voter registration, disqualification, and the rights of individuals to be heard before their names are deleted from the rolls.

Who it concerns: The judgment concerns the Petitioners (Lal Babu Hussein & Others), the Respondents (Electoral Registration Officer & Others), and the general public regarding their rights to voter registration and the procedures followed by the Election Commission and Electoral Registration Officers.

What the document says

• The case involves three matters: two writ petitions under Article 32 and one special leave petition under Article 136 of the Constitution of India.
• The Court reviewed constitutional provisions (Articles 324-328) and the Representation of the People Act, 1950, specifically Sections 14 to 25A, which govern electoral rolls for Assembly Constituencies.
• Section 16 of the 1950 Act prescribes disqualifications for registration, including not being a citizen of India, being of unsound mind, or being disqualified for voting due to corrupt practices.
• Section 19 of the 1950 Act states that every person who is not less than 18 years of age on the qualifying date and is ordinarily resident in a constituency is entitled to be registered.
• Section 22 of the 1950 Act allows the Electoral Registration Officer to amend, transpose, or delete entries but requires giving the person concerned a reasonable opportunity of being heard (principle of natural justice).
• The Registration of Electors Rules, 1960, were examined, including Rule 21A (amended 1987), which requires the registration officer to exhibit names of potentially ineligible electors and consider objections after giving a reasonable opportunity to show cause before deletion.
• The judgment discusses citizenship provisions under Articles 5-7 of the Constitution and the Citizenship Act, 1955, including acquisition of citizenship by birth and descent.

Also in the document

• The judgment was delivered by a bench comprising Justice A.M. Ahmadi (CJ), Justice N.P. Singh, and Justice Sujata V. Manohar.
• The document cites multiple legal references including 1995 AIR 1189, 1995 SCC (3) 100, JT 1995 (2) 229, and 1995 SCALE (1) 483.
• The text notes that Rule 21A of the 1960 Rules was amended with effect from 3rd September, 1987, to include specific procedures for deleting names of dead persons or those not entitled to registration.