MLA's shift of residence: Karnataka HC directs ECI to take corrective measures

The High Court of Karnataka has asked the Election Commission of India (ECI) to take corrective measures in regard to Shivajinagar MLA Rizwan Arshad’s name in the list of voters who have shifted their residences or have died.

Justice M Nagaprasanna said that the corrective measures be taken to its logical conclusion and not create an impression of deleting the name of the sitting MLA from the voters’ list of the constituency from which he is elected.

In an earlier petition, the high court had passed orders in March 2023 directing the election commission to act swiftly and conclude the exercise of rectification of voters’ list within March 26, 2023. Rizwan Arshad had impleaded in this petition.

Subsequently, the ECI issued a paper publication indicating the names of voters who have shifted their residences or have died. Notices were also issued to all those persons who have shifted residences. Rizwan Arshad, along with 20 others, challenged this paper publication. It was stated that the sitting MLA was also issued a notice of shift of residence. The petitioners argued that once the electoral roll is finalised, there can be no change in the voters’ list.

On the other hand, the ECI admitted that it was a mistake to issue notice to the MLA and said it has been rectified and defects in the names of most of the petitioners have also been rectified. It was further submitted that it is only when the nominations are over that the voters list would freeze.

Justice Nagaprasanna rejected the plea challenging the paper publication noting that a person whose name is left out can always submit for inclusion of his name before the Registration Officer up to the last date of making nominations. “In the case at hand, after the publication of the electoral roll representations were made by several booth level agents bringing it to the notice of the Commission that there has been gross irregularities in the preparation of the list as in two constituencies – Shivajinagar and Shantinagar – the names of dead persons were found in the electoral rolls and therefore, it took up the exercise under Sections 22 and 23 of the Act read with Rule 21A of the Rules,” the court said.

With regard to a separate list of absentee, shifted and dead (ASD list), the court said it is at the time of poll to prevent impersonation. “It is for the election commission to devise the procedure in terms of the hand book or guidelines or circular. This court would not direct the manner of conduct of elections to the election commission unless the preparation and conduct is shown to be arbitrary, illegal or contrary to the Act or the Rules, which I do not find in the case at hand,” the court said.