A Division Bench comprising Chief Justice D B Bhosale and Justice Yashwant Verma passed the order on the PIL of Ghaziabad resident Ajay Rajput, who alleged that the electoral roll for his assembly segment contained a large number of "fake or duplicate names".
The petitioner's counsel Anoop Trivedi and Saksham Srivastava also submitted that the EC's attention had earlier been drawn towards the issue by means of a representation by the petitioner containing details of nearly 20,000 fake or duplicate voters.
A preliminary objection was raised by the EC which argued that the PIL was not maintainable since notifications for the first phase of assembly elections in Uttar Pradesh, in which Ghaziabad goes to polls, will be issued on January 17 and no changes in voters' list could be made thereafter as per law.
However, the court rejected the EC's contention pointing out that deletions or any other changes could be effected in the voters' list until the last day for filing of nomination papers by candidates which happened to be January 24 for the first phase of voting.
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