Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Article 32 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of lndia- Article 3- Power of Election Commission to withhold elections for failure to issue identity cards-Elections to Legislative Assembly of Bihar and Orissa-States not allowed elections for their failure to supply identity cards to 'all' eligible electors-Writ Petitions-State of Bihar allowed to go to polls-Since State of Orissa had supplied photo identity cards to 86% of voters-Election Commission not to enforce its instructions- Election.The five year term of the Legislative Assemblies of two States, namely, the State of Bihar and Orissa were to expire on March 15, 1995. To satisfy the mandate of Article 168 of the Constitution, elections in the two states had to be completed before March 15, 1995. However, a Press note was issued by the Election Commission stating that no poll would be taken in that State unless 'all' eligible electors were supplied electoral identity cards and a certificate to that effect was furnished by the concerned State Government. Writ Petitions were filed by the petitioners apprehending that since the two States were not in a position to complete the requirement of supplying photo identity cards to 'all' eligible electors before the last date faxed for the same, elections might not take place in the said two States thereby denying to the electors thereof their constitutional right to elect a new assembly for their respective States. As far as the State of Orissa was concerned, the Election Commission stated that since the State of Orissa had virtually, complied with the direction, in that, it had supplied photo identity cards to almost 86% of voters, the Commission will not enforce its instruction contained in the Press Note. For the state of Bihar, it was submitted that it was a wilful defaulter since it made no serious effort to comply with the direction of the Election Commission for the supply of identity cards. However, it was alleged on behalf of the State that the Election Commission had no power or authority to hold up or to threaten to hold up the election process if the identity cards were not issued. |
Judge | N/A |
Neutral Citation | 1995 INSC 42 |
Petitioner | Ramdeo Bhandari And Ors. Etc. Etc. |
Respondent | Election Commission Of India And Ors. Etc. Etc. |
SCR | [1995] 1 S.C.R. 321 |
Judgement Date | 1995-01-17 |
Case Number | 2 |
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