F.I.REBELLO, J. - (1.) BY means of the present petition, the petitioners seek a declaration that the Guidelines dated 03.12.2009 issued by the Election Commission of India (hereinafter referred to as the 'Election Commission') are illegal and void and also all consequential orders and directions. The submission is that the Guidelines are ultra vires Article 171 of the Constitution of India read with Section 27 of the Representation of the People Act, 1950 and Rule 31 of the Registration of Electors' Rules, 1960.
(2.) THE case of the petitioners is that the Election Commission published a public notice vide Press Note dated 18.12.2009, whereby the residents of the graduates' constituency of Kanpur were called upon to get their names included in the electoral roll in accordance with the terms and conditions contained in the Guidelines dated 03.12.2009. The public notice required the residents, otherwise eligible for being registered as voters of the graduates' constituency of Kanpur, to appear in person with original marksheet/ degree or equivalent certificate along with Form 18 before the Designated Officer, who was to verify the genuineness of the graduate certificate. In the notice, it was set out that persons, not submitting the certificates of graduation or its equivalent, would not be entitled to be registered as voters. Considering the conditions contained in the notice, published in pursuance of the Guidelines dated 03.12.2009, a large number of graduates who, under the Constitution and the Statute, are entitled to be registered as voters, are being deprived of their statutory and constitutional rights to vote during the election of the U.P. State Legislative Council of Kanpur graduates' constituency. Article 324 of the Constitution of India, provides that the superintendence, direction and control of preparation of the electoral rolls and the conduct of the elections to Parliament and Legislature in every State, vests in the Election Commission. The procedure for preparation of electoral rolls and the manner of filing the forms are prescribed under the provisions of the Representation of the People Act, 1950 (hereinafter referred to as the 'Act'). The further case as set out is that the preparation of electoral rolls for the graduates' constituency for election to the Council, is to be carried out as per the procedure prescribed by Section 27 of the Act. The Chief Electoral Officer (CEO), as provided under Section 13A of the Act, is responsible for supervising the preparation, revision and correction of electoral rolls in the State. As per Section 13AA of the Act, the District Election Officers are to prepare and revise the electoral rolls under the superintendence, direction and control of the Chief Electoral Officer. Similarly, Section 13B of the Act provides that the electoral rolls for a Constituency, including the Council Constituency, are to be prepared and revised by an Electoral Registration Officer. Section 27 (3) of the Act, provides for the qualification for a person to be registered as a voter. Sub-section 5 (a) of Section 27 of the Act, categorically provides that any person, who is ordinarily resident in a graduates' constituency and has, for at least three years before the qualifying date, which in the present case is 01.11.2009, been either a graduate of a University in the territory of India or is in possession of any of the qualifications specified under clause (a) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency. The procedure for preparation of electoral rolls is provided for in the Act itself. A duty has been cast on the Election Commission for preparation of electoral rolls of every constituency. While preparing the electoral roll for a graduates' constituency, the procedure prescribed under the Act must be followed. This has to be in conformity with the Constitution of India. Reference is, then, made to various provisions of the Act and the Rules known as the Registration of Electors' Rules, 1960 (hereinafter referred to as the 'Rules').
(3.) IT is submitted on behalf of the petitioners that a perusal of the Act and the Rules, would clearly establish that a person eligible to be registered as an elector for a graduates' constituency is required to send or deliver to the Registering Officer, the application in Form 18 for inclusion of his name in the roll of electors. The statutory provision of the Act or the Rules do not envisage his personal appearance before the Registering Officer for personal verification of documents. Form 18, being part of a statutory provision, cannot be altered, modified or amended by the Guidelines issued by the Election Commission. Apart from that, it is submitted that the procedure prescribed under the Guidelines is cumbersome, and discourages voters from enlisting their names, which is neither envisaged under the Act or the Rules nor is required and hence the Guidelines are unreasonable.;