P GAJAPATHI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition is filed for the issue of a Writ of Prohibition forbearing the respondent, the Election Commission, from insisting upon the production of Elector's Photo identity Cards (EPIC) as a condition precedent for casting their votes in the ensuing elections for the State Legislative Assembly.

(2.) The petitioner is alleged to be the President of the Thinkers' Forum, an association of intellectuals. It is stated in the petition that the respondent is insisting upon the EPICs as a condition precedent for exercising their franchise. It is further submitted that all the voters, whose names are borne out on the electoral rolls should have been issued with EPICs, but due to lack of infrastructural facilities and inherent technical snags, hardly 65% of the voters could be covered by the EPIC programme. Insisting upon the production of EPIC as a condition precedent for castig vote, would deprive nearly 30 to 35% in every constituency, of their right to vote, and would affect their legitimate democratic right to exercise their franchise. The issuance of photo identity card has not been completed even in a single constituency in the State. If the authorities are not satisfied with the identity of the voters, they could be asked to prove their identity by producing their ration cards, driving licenses, passports etc. It is further submitted that every person, whose name is found in the electoral roll, should be permitted to cast his allowed to vote without insisting on the production of EPIC.Hence, he has prayed for the relief as stated above.

(3.) This writ petition came up for admission on 21-3-2001, and notice was taken for the respondent, and counter was filed on 29-3-2001 and heard on 30-3-2001.