RAM DEO BHANDARI J WILLIAM JOHN ALIAS GANDEEVAN T N SESHAN GAUTAM SAGAR RANA STATE OF ORISSA ARJUN MANMOHAN NARISINGHDASJI MAHESHWARI SAMATA PARTY STATE OF WEST BENGAL Vs. ELECTION COMMISSION OF INDIA:CHIEF ELECTION COMMISSIONER:STATE OF WEST BENGAL:ELECTION COMMISSION OF INDIA:ELECTION COMMISSION OF INDIA:UNION OF INIDA:STATE OF MAHARASHTRA:ELECTION COMMISSION OF

JUDGEMENT

(1.) Article 168 of the Constitution provides that every State shall have a Legislature and Art. 172(1) provides that every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly. Under this Article the five year term of the Legislative Assemblies of two States, namely, the States of Bihar and Orissa will expire on March 15, 1995. It is obvious that on the expiration of the said term of five years on March 15, 1995, the Assemblies of the said two States will stand dissolved. To satisfy the mandate of Article 168 it is necessary that elections should be held in aforesaid two States in a manner that the election results are declared before March 15, 1995. The latest Press Note issued by the Election Commission on December 8, 1994 states that the elections in the States of Bihar and Orissa would be completed before March 10, 1995. Ordinarily no objection can be raised by either of the States to the schedule of elections fixed with a view to completing the same before March 15, 1995.

(2.) However, in paragraph o6 of the said Press Note is it ordained:

(3.) On August 28, 1993, the Election Commission in purported exercise of powers under R. 28 of the Registration of Elector Rules, 1960 read with S. 130(2) of the Representation of People Act, 1950, issued a directive for the supply of photo identity cards to electors in the assembly as well as parliamentary constituencies in each State, with a view to prevent impersonation of electors and facilitating their identification at the polls. It was also made clear in no uncertain terms that no polling at elections for which the Election Commission is responsible shall take place after January 1, 1995 unless 'all' eligible electors have been supplied with identity cards. What features the identity cards shall bear was also indicated with a caution that 'there will be no departure from these features in any manner whatsoever'. This was followed by High Level Meetings at which certain State Governments, including the representatives of the said two States of Bihar and Orissa, pointed out certain difficulties in the implementation of the said directive. The Chief Election Officers of the States were held responsible for maintaining the schedule for completion of the identity cards to the electors before deadline fixed by the Election Commission. On May 11, 1994, the Election Commission wrote to the Chief Secretary and Chief Election Officer, Bihar that there was virtually no progress made towards issuance of identity cards and added 'the commission hereby forewarns you that the responsibility for any constitutional stalemate that may arise because of your failure to comply with the instructions of the Commission ........will rest squarely with you and the State Government'. This was followed by a letter dated November 6, 1994 drawing the attention of the State of Bihar that the progress was very unsatisfactory and warned that should any constitutional crisis arise on account of elections not being held for want of identity cards, the responsibility will rest squarely on the State Government. Then by the letter of December 29, 1994, the Election Commission stated that the notification calling the elections would be issued only after the receipt of the certificate from officers of the State Government that all eligible voters had been supplied with photo identity cards. By the order of November 30, 1994, the Election Commission stated that in no case will any request for extension of deadline be entertained. This gave rise to the apprehension that the elections to the legislative assemblies of the States of Bihar and Orissa will not be held before March 15, 1995, for their failure to comply with the directive of grant of identity cards.