The Rajasthan High Court at Jaipur has rejected a writ petition challenging the deletion of a voter’s name from the electoral roll for the 2026 Nagar Palika elections in Neem Ka Thana, Sikar. Justice Anoop Kumar Dhand held that once the State Election Commission had issued the election programme, the constitutional bar against court interference in election matters came into operation.
Background of the Case
The petition was filed by Kuldeep Kumar, who challenged voter lists published on August 28 and August 31, 2026. He sought cancellation of the impugned lists and issuance of a revised voter list containing his name and the names of persons mentioned in Schedule-A.
The petitioner contended that his name had appeared in the earlier voter list but was subsequently deleted without any basis or opportunity of hearing. His counsel argued that the action violated the principles of natural justice, which require a person to be given a fair opportunity before an adverse decision is taken.
Court’s Observation
The Court noted that the Rajasthan State Election Commission had already issued the municipal election programme. The last date for filing nominations was July 31, 2026, while the election process was scheduled to begin on August 27 and conclude by September 29, 2026.
Referring to the Supreme Court’s decisions in N.P. Ponnuswami v. Returning Officer and Mohinder Singh Gill v. Chief Election Commissioner, the High Court observed that courts should not interfere in matters concerning an ongoing election process in a manner that could disrupt its schedule.
The Court stated:
“Upon declaration of the election program by the State Election Commission, the election process has been initiated. Hence, the bar contained under Article 243-ZG of the Constitution of India comes into operation automatically.”
Article 243-ZG places restrictions on judicial interference in municipal elections once the election process has commenced.
Decision
The High Court held that the petitioner’s grievance could not be adjudicated at this stage because the municipal election process had already begun. Relying on the settled position laid down by the Supreme Court, the Court rejected the writ petition.
The stay application and all pending applications, if any, were also rejected.
Case Details:
Case Title: Kuldeep Kumar v. State of Rajasthan & Ors.
Case Number: S.B. Civil Writ Petition No. 17875/2026
Judge: Justice Anoop Kumar Dhand
Decision Date: September 3, 2026
