LOK PRAHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition by LOK PRAHARI, a society registered under the Societies Registration Act 1860 seeks a declaration that the Representation of the People (Amendment and Validation) Act, 2013 is ultra vires and unconstitutional.

(2.) In pursuance of the provisions of Article 326 of the Constitution, Parliament enacted the Representation of the People Act 1950 (Act of 1950). Part II-B of the Act of 1950 provides for electoral rolls for parliamentary constituencies. Part III provides for electoral rolls for assembly constituencies. The electoral roll for every parliamentary constituency consists of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency. Under Section 15, for every assembly constituency, the electoral roll is prepared in accordance with the provisions of the Act of 1950 under the superintendence, direction and control of the Election Commission. Section 16 provides for disqualifications for registration in an electoral roll and is in the following terms:

(3.) Section 19 provides that subject to the foregoing provisions of the Part, every person who is (a) not less than eighteen years of age on the qualifying date; and (b) ordinarily resident in a constituency shall be entitled to be registered in the electoral roll for that constituency. The expression "ordinarily resident" is defined in Section 20. Section 21 provides for the preparation and revision of electoral rolls. Section 22 provides for the correction of entries in electoral rolls and is in the following terms: