S.K.SEN, J. - (1.) In all these four aforementioned writ petitions, since similar questions are involved, with the consent of the parties, they are taken up together and are being disposed of by a common judgment and order.
(2.) The short controversy involved in these petitions is whether the Election Commission is entitled to prescribe alternative mode of identification for the electors apart from that provided under the Registration of Electors Rules, 1960 and Conduct of Elections Rules, 1961. Rule 28 of the Registration of Electors Rules, 1960 reads as under: "28. Identity cards for electors in notified constituencies- (1) The Election Commission may, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, by notification in the Official Gazette of the State, direct that the provision of this rule shall apply to (any such constituency or part thereof) as may be specified in the notification:" (2) The registration officer for such notified constituency shall, as soon as may be, after the issue of the notification under sub-rule (1) arrange for the issue to every elector of an identity card prepared in accordance with the provisions of this rule. (3) The identity card shall- (a) be prepared in duplicate: (b) Contain the name, age, residence and such other particulars of the elector as may be specified by the Election Commission; (c) have affixed to it a photograph of the elector which shall be taken at the expense of the Government; and (d) bear the facsimile signature of the registration officer; Provided that if the elector refuses or evades to have his photograph taken, or cannot be found at his residence by the official photographer in spite of repeated attempts, no such identity card shall be prepared for the elector and a note of such refusal or evasion or that the elector could not be found at his residence in spite of repeated attempts shall be made in the copy of the roll maintained by the registration officer. (4) One copy of the identity card prepared under sub-rule (3) shall be retained by the registration officer and the other copy shall be delivered to the elector to be kept by him for production at the time of poll."
(3.) The said Rule is intended to prevent impersonation of electors and facilitating their identification at the time of poll. The proviso of said rule also mentions that in the event the elector refuses or evades to have his photograph taken, or cannot be found at his residence by the official photographer in spite of repeated attempts, in that event a note of such refusal or evasion or that the elector could not be found at his residence in spite of repeated attempts, the same shall be made in the copy of the roll maintained by the Registration Officer and a note to that effect shall also be made in the electoral roll.;