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Justice Bhuyan: mass voter deletion negates constitutional order

Supreme Court judge Justice Ujjal Bhuyan said large-scale deletion of voters’ names strikes at the heart of the constitutional order. Speaking at the valedictory of a national moot court competition in Hyderabad on Sunday, he said wholesale disenfranchisement was “intrinsically arbitrary” and “a negation of the constitutional order.” He added that “no amount of whataboutery can justify it.” Justice Bhuyan cited Articles 326 and 14 of the Constitution, saying no voter’s name can be deleted without notice and a hearing, except in the case of dead voters. His remarks come amid a nationwide controversy over the special intensive revision of electoral rolls, with opposition parties alleging mass deletions.

The judge stressed that the right to vote was the foundation of democracy and that procedural safeguards could not be treated as formalities. The comments are likely to add weight to legal challenges against the revision exercise. The moot court event was held at NALSAR University of Law in Hyderabad.

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