QURAAN SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) The Society purportedly formed for the purpose of advancement of the case of the Muslims in all respects has moved this Court under Article 226 of the Constitution of India, seeking inter alia, a Writ, order or direction in the nature of Mandamus, to restrain the respondents from holding the elections slated to be held on and from 27th April, 1996 for the Lok Sabha as well as six State Assemblies in the country and for a direction that elections be held only after 20th May, 1996.

(2.) The present Lok Sabha, it is stated in the affidavit on behalf of the petitioner, is to reach its end by 19th June, 1996. Elections are proposed to be held however from 27th April, 1996 onwards in four stages. It is alleged the 1st respondent-Union of India as well as the Prime Minister of India suggested holding the elections in the last week of May and first week of June, 1996. The 2nd and 3rd respondents however i.e., the Election Commission of India and the Chief Election Commissioner rejected the representation of the 1st respondent and the Prime Minister as well as various other persons and decided to hold elections in the last week of April, 1996 and the first week of May, 1996.

(3.) It is stated however that the proposed elections are falling in the month of Zilhijah, which is a holy month for every Muslim and the period of the Haj pilgrimage to the holy Mecca, the place of birth of Prophet Mohammed and the Khane-e-Kaba, the house of God located at Mecca in Saudi Arabia: Holy Quran enjoins every Mussulman to visit Mecca in the holy month of'Zilhijah and Muslims all over the world take it as their religious duty to visit Mecca once in life time. The month of Zilhijah begins from 20th April and such Muslims who decide to visit Mecca would stay for a period of 10 to 15 days and the visit to the land of Khane-e-Kaba and other holy places in Saudi Arabia would take not less than two weeks time. Petitioner also states:-