Sana Parveen & Ors. Vs Election Commission of India & Ors. (Supreme Court of India)
The petitioners claimed to be long-time residents of Akbar Nagar, Lucknow, where demolition proceedings were carried out in September 2023 on the ground that the constructions were unauthorized. The matter had earlier reached the High Court, which directed framing of a rehabilitation policy for those affected, and that decision was upheld by the Supreme Court.
In the present proceedings, the petitioners contended that during the SIR process initiated in Uttar Pradesh, their names were being excluded on the ground that, following the demolition drive, they no longer had an identified residential address. It was also claimed that their names appeared in the Electoral Roll of 2002 or in subsequent voter lists for those born thereafter.
The petitioners sought directions for issuance of enumeration forms by the Booth Level Officers (BLOs) and additional time for submission of such forms. After hearing learned senior counsel, the Supreme Court noted that the matter involved seriously disputed questions of fact and declined to entertain the writ petition under Article 32 of the Constitution.
The Court recorded that the petitioners had approached the District BLOs and the District Election Officer, Lucknow. It directed the District Election Officer, Lucknow to ascertain the facts based on the representation submitted by the petitioners and to take remedial action in accordance with law. The Court clarified that it had not expressed any opinion on the merits and granted liberty to the petitioners to approach the jurisdictional High Court if their grievance was not effectively redressed. The writ petition was disposed of accordingly.
