NAIN SUKH DAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application under Art. 32 of the Constitution seeking protection of the petitioner's fundamental right under Art. 15 (1) against alleged violation thereof by the respondents.

(2.) The petitioners are three residents of Etah in Uttar Pradesh. They complain that at the by-elections to the Municipal Board of Etah held on 2-11-1951, 8-12-1951 and 17-3-1952, at which respondents 4, 11 and12 were respectively elected, the petitioners were deprived of their rights to exercise their votes and to seek their election as candidates, as those by-elections were held on communal lines on the basis of separate electorates contrary to the provisions of the Constitution. They also allege that the nomination of respondent 3 as a member of the Board by the Government was an illegal exercise of its powers, as the interest which that respondent was nominated to represent in the Board was already sufficiently represented. The petitioners accordingly pray for the issue of writs of 'quo waranto', 'mandamus' and other appropriate writs or directions to respondents, 3, 4, 11 and 12 to show under what authority they are acting as members of the Board and to prevent them from acting as such members. The petitioners also ask for writs on the District Magistrate and the Civil Judge of Etah, respondents 2 and 13 respectively, directing them not to hold or permit the holding of any meeting of the Board which is said to be illegally constituted.

(3.) Now, it cannot be seriously disputed that any law providing for elections on the basis of separate electorates for members of different religious communities offends against Art. 15 (1) of the Constitution which runs thus :