T K KODANDARAM Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THE appellant, Shrit. K. Kodandaram, professes himself, in the writ petition, as a leader of the Bahujan Samaj Party who is vitally interested in the proper constitution and functioning of all democratic institutions including the Andhra Pradesh Legislative Assembly.

(2.) IT is alleged in the writ petition that conduct of free and fair election to Parliament and to the State Legislative Assemblies was of paramount importance for the survival of democracy based on adult franchise. But the elections have all along been plagued with impersonation, rigging, capturing of ballot-boxes and Booths and other forms of violence, with the result that the elections were reduced to a farcical exercise as a vast majority of voters comprising of poor and helpless scheduled castes, scheduled tribes, backward classes and minorities were always excluded from exercising their right of franchise. It is stated that it was in order to meet the above situation mat the Parliament enacted Act No. 58 of 1958 and introduced Section 61 in its present form in tine Representation of People Act, 1951 that identity cards would be issued to voters; but, by making Rule 28 of the Registration of Electors Rules, 1960 and Rule 35 (2) as also Rule 37 (2) of the Conduct of Election Rules, 1961, the purpose of the requirement of having an identity-card at the election has been defeated. It was in this background, especially as the elections to the Andhra Pradesh Legislative Assembly are proposed to be held soon that the appellant filed a writ petition with a prayer that Rule 28 of the Registration of Electors Rules, as also Rule 35 (2) and Rule 37 (2) of the Counduct of Election Rules may be declared ultra vires Section 61 of the Representation of People Act, 1951, and the Election Commission of India as also the Union of India and the State of Andhra Pradesh may be directed by a writ of mandamus to provide identity cards to every elector as required by Section 61 of the Act before conducting the election for constituting the next Andhra Pradesh Legislative Assembly.

(3.) THE petition was filed by way of Public Interest Litigation, and was dismissed by the learned Single Judge by Judgment and order dated 26-7-1994.