UMA CHARAN MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India challenges the constitutional validity of Sec. 34 of the Representation of the People Act, 1951 (RP Act) on the ground that the stipulation therein that eligible citizens can contest the election for being a Member of the Legislative Assembly (MLA) of the State only if each of them deposits Rs.10,000.00 and for being a Member of Parliament (MP) only if they deposit Rs.25,000.00 is ultra vires the Constitution of India apart from being arbitrary and discriminatory against persons without adequate financial means.

(2.) The Petitioner claims to be the President of Odisha Durniti Sangharsa Mancha, which is a registered organization under the Societies Registration Act, 1860. The Petitioner claims to have contested from Khurda Constituency for the House of the People (Lok Sabha) and deposited the security money of Rs.10,000.00. However, the security money was forfeited as he could not muster the sufficient minimum number of votes. He claims that he requested some of his friends to contest for MLA/MP seats but they did not contest as they could not arrange the security money.

(3.) It must be mentioned here that this Court had by an order dtd. 7/12/2018 required the Petitioner to place on record the objects and reasons behind the amendment to the RP Act in 2009 which enhanced the security money as above. An affidavit dtd. 25/1/2019 was filed by the Petitioner stating that in terms of 2011 census, more than 22% of Indian population is below the poverty line i.e. having an annual income of not less than Rs.27,000..00