A.K.BALAKRISHNAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Writ Petition is filed with the prayer as follows: "It is therefore prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or other appropriate writ, order or direction in the nature of a writ, to the respondents to ensure that no qualified person who has completed eighteen years of age is denied the right to vote."

(2.) THE writ petition is purportedly filed in public interest. The substance of the petitioner's grievance is that while on one hand Article 326 declares that elections to the house of People and Legislative Assembly of every State shall be on the basis of adult suffrage, i.e., every person who is a citizen of India and who is not less than 18 years of age shall be entitled to be a registered voter at any such election, a large number of youngsters who answer the said prescription on the date of the election are not permitted to participate in the election process in this country. The petitioner knows that such situation is brought about by the provisions of the Representation of the People Act, 1950; more specifically Section 14(b) of the Act. The petitioner believes that what is guaranteed by the Constitution is snatched away by the Representation of People Act. By way of an 'illustration' the petitioner stated in the writ petition as follows: "Illustration: - A bye election is to be conducted in February 2012. The revision of the electoral roll is taken up in November 2011. The polling date is 05.02.2012. A man born on 02.01.1992 is not able to vote though he is nineteen years, one month and four days old on the polling day because he had not completed eighteen years on 01.01.2011. This is a blatant violation of the spirit of the Constitution."

(3.) ARTICLE 326 reads as follows: "326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. - The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non - residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such elections."