Supreme Court Orders Investigation into Voter Exclusion Grievances

Supreme Court Orders Investigation into Voter Exclusion Grievances.webp

New Delhi, February 23 The Supreme Court on Monday directed the Lucknow district election officer to examine and take remedial action on the grievances of 91 residents of Akbar Nagar in the state capital, who were allegedly excluded from the Uttar Pradesh electoral rolls following the demolition of their homes in September 2023.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi initially felt that the matter, pertaining to the disputed facts regarding the residence of the petitioners, could not be looked into by it in a writ petition here.

However, the bench took note of the petition filed by Sana Parveen and 90 others and directed the district election officer of Lucknow to investigate the grievances and take remedial measures.

It also granted liberty to the petitioners to approach the Lucknow bench of the Allahabad High Court if they fail to get relief from the district election officer.

The petitioners sought a direction to submit their enumeration forms to Booth Level Officers (BLOs) to ensure their right to vote is preserved despite their lack of a permanent address following the September 2023 demolition drive.

The petitioners stated that they were long-term residents of Akbar Nagar, whose names had appeared in the voter lists as far back as 2002, with younger residents appearing in subsequent lists.

However, following the demolition of "unauthorised" constructions in the area, a move previously upheld by the courts, they found themselves excluded from the UP Special Intensive Revision (SIR) process.

The primary reason for their exclusion, the petitioners claimed, is that they currently lack "identifiable addresses" due to the state's demolition and subsequent rehabilitation process.

Senior advocate MR Shamshad, appearing for the petitioners, informed the bench that the residents were part of a special list during the 2025 revision process and should not be disenfranchised due to their displacement.

However, the bench expressed its inclination to let local authorities handle the factual verification.

"We are on the question of factual enquiry. The high court can look into this," the CJI said at the outset.

"The petitioners claim they are residents of Akbar Nagar, Lucknow... It is claimed that in the UP SIR, the names of petitioners are excluded on the account that after the demolition drive, they do not have any identifiable address," the court noted in the order.

The bench asked the Lucknow district election officer to ascertain the facts regarding the petitioners’ previous inclusion in the voter lists and their current status.
 
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akbar nagar allahabad high court booth level officers (blos) constitutional rights demolition of residences displaced residents election governance enumeration forms legal grievances lucknow district election officer resident rights special intensive revision (sir) supreme court of india uttar pradesh electoral rolls voter exclusion
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