CHANDRAVADAN RANGILDAS DHRUV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this Writ Petition PIL with the following main prayers:

(2.) The party in person placed reliance on the decision of the Apex court in the case of Union of India Vs. Association For Democratic Reforms and Anr. [(2002)5 SCC 294] and submitted that right to know is not only fundamental right, but also an important facet of free and fair election and voter is entitled to know details and particulars about the candidate contest the election of Lok Sabha, Rajya Sabha and State Legislative Assemblies. It is further submitted that necessary notification / guidelines / instructions are required to be issued by Election Commission of India in exercise of powers under Art. 324 of the Constitution of India in view of the decision in the case of Association For Democratic Reforms [supra]. It is further submitted that as early as on 20.09.2017 a representation was addressed to the Election Commission of India and other constitutional functionaries and also Gujarat State Election Commission about framing rules or regulations for mandatory disclosure of having licence / permit for consumption of liquor and banned drugs, which are prohibited under the law and also mandatory disclosure of any deadly or incurable disease or any incident of deadly attack upon persons / candidates contesting election.

(3.) Upon perusal of the judgment in the case of Association For Democratic Reforms [supra], the Apex Court scanned various decisions about freedom of expression and fundamental right of a citizen to know about the antecedents of the candidate, but what is culled out in subsequent paragraphs about legal and constitutional position, which emerged from the discussion carried out in paras 46, 47 and 48 of the judgment, which read as under: