M PEERAN SAHEB Vs. SPECIAL OFFICER CUM COLLECTOR

JUDGEMENT

(1.) ORDER :- Elections of the Councillors to the Municipalities in the State of Andhra Pradesh are governed by Andhra Pradesh Municipalities Act, 1965 (for short 'Act 6 of 1965). By S.2(8) of Andhra Pradesh Municipal Laws (Amendment) Act (for short Act 33 of 1986) S.12 is inserted in Act 6 of 1965. Under Act 6 of 1965 rules are framed for supply of identity cards to voters which are issued in G.O. Ms. No. 628, M.A. Housing Municipal Administration and Urban Development (Elections) Department, dated 12th Nov., 1986 (for short the Rules). Constitutional validity of the provision of Act 33 of 1986 and the Rules requiring the voters to obtain the photo identity cards to enable the electors of the Municipality to exercise franchise, is questioned in a batch of writ petitions. In these writ petitions W.P.M.Ps. are filed requesting suspension of the impugned provisions of Act 33 of 1986 and the Rules. As all these petitions raise a common question of law, they are heard and are being disposed of by common order.

(2.) For the purpose of these petitions it may not be necessary to state all the facts except to mention that the petitioners in all these petitions are Muslim electors and object to be photo graphed on the ground that taking of photo is prohibited in Islam. It is submitted that under Shariat taking of photographs or pictures by any process of any person is prohibited and is considered to be a religious offence. It is the basic tenets of Muslim Law, particularly women are not permitted to take their photographs and expose their face and other identities to other persons except to their kith and kin. Under the impugned provision one is obliged to produce the identity card to vote. By this process Muslim in general and Muslim women in particular are being deprived of their right to vote in the ensuing Municipal elections in the State of Andhra Pradesh while other persons who are not under such a prohibition will have their voting right intact. It is further submitted that the requirement of photo identity a card is introduced only in regard to the election of the local bodies of Municipalities and Municipal Corporations and not insisted upon in regard to the elections of other local bodies like Gram Panchayats, Mandal Panchayats and Zilla Parishads. This amounts to discrimination and offends Art.14 of the Constitution. In the circumstances, the petitioners prayed that the impugned Act and the Rules be suspended.

(3.) This court by interim order directed the respondents not to disqualify such of the women voters who on account of custom or otherwise decline to be photographed, for being listed in electoral rolls.