Court Distinguishes Between Revision and Inclusion of Names in Electoral Rolls, Bars Challenge to Election Notification Post Commencement of Election Process under Article 329
In a significant judgment delivered on October 7, 2026, the Allahabad High Court (Division Bench) dismissed a Public Interest Litigation (PIL) filed by Akshay Upadhyay against the Election Commission of India and others, challenging the electoral rolls and notification for the upcoming elections to the Graduates' and Teachers' Constituencies for the Legislative Council of Uttar Pradesh. The petitioner contended that the elections scheduled for October 23, 2026, were being conducted on outdated electoral rolls last revised in January 2026, thereby depriving newly eligible graduates of their voting rights.
The petitioner argued that the respondents failed to prepare a fresh electoral roll before the general elections as required under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, specifically citing alleged violations of Section 21 and Rule 31(4) of the Rules, 1960. He contended that an unauthorized preparation of voter lists from September 26 to September 29, 2026, deprived many eligible voters, including himself and his associates, from being included in the rolls before the last date for nominations.
However, the Election Commission refuted the allegations, explaining that the revision of electoral rolls under Section 21 of the Act had concluded on January 6, 2026. The subsequent inclusion, amendment, or deletion of names was being carried out under Section 23(3) of the Act, which permits changes in the electoral rolls up to the last date for filing nominations. The Election Commission further clarified that the provisions of Rule 31 of the Rules, 1960, which govern the preparation and revision under Section 21, do not apply to the inclusions or amendments under Section 23.
The bench, comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, emphasized the legal distinction between the revision of electoral rolls (Section 21) and inclusion/amendment of names (Section 23). The court held that the exercise undertaken by the Election Commission in late September 2026 was in strict compliance with Section 23(3) and therefore could not be faulted. The court also reiterated that once the election process commences, any challenge to the election notification is barred under Article 329 of the Constitution, which protects the election process from judicial interference to preserve its sanctity and finality.
The court observed that the petition was based on a misplaced apprehension and a failure to understand the nuances of the law, particularly the difference between Sections 21 and 23 of the Representation of the People Act, 1950. It also noted that a similar PIL filed by the petitioner in 2025 had already been dismissed on merit. Accordingly, the court found no substance in the present petition and dismissed it.
This judgment reinforces the procedural safeguards in electoral roll preparation and highlights the constitutional protection accorded to the election process post commencement, ensuring that the democratic exercise proceeds without undue delay or interference.
Bottom Line:
Electoral rolls for Graduates' and Teachers' Constituencies - Distinction between revision of electoral rolls under Section 21 of the Representation of the People Act, 1950 and inclusion/amendment of names under Section 23 - Exercise undertaken for inclusion/amendment of names before last date of nominations cannot be faulted - Rule 31 of the Registration of Electors Rules, 1960 applies to preparation/revision under Section 21 and not to action under Section 23 - Once election process has commenced, challenge to election notification is barred by Article 329 of the Constitution.
Statutory provision(s):
Representation of the People Act, 1950 Sections 21, 22, 23(3), Registration of Electors Rules, 1960 Rule 31, Constitution of India Article 329
Akshay Upadhyay v. Election Commission of India, (All)(DB) : Law Finder Doc Id # 2994078
