- (1.) The writ petition by LOK PRAHARI, a society registered under the Societies Registration Act 1860 seeks a declaration that the Representation of the People (Amendment and Validation) Act, 2013 is ultra vires and unconstitutional.
(2.) In pursuance of the provisions of Article 326 of the Constitution, Parliament enacted the Representation of the People Act 1950 (Act of 1950). Part II-B of the Act of 1950 provides for electoral rolls for parliamentary constituencies. Part III provides for electoral rolls for assembly constituencies. The electoral roll for every parliamentary constituency consists of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency. Under Section 15, for every assembly constituency, the electoral roll is prepared in accordance with the provisions of the Act of 1950 under the superintendence, direction and control of the Election Commission. Section 16 provides for disqualifications for registration in an electoral roll and is in the following terms: "16. Disqualifications for registration in an electoral roll.-- (1) A person shall be disqualified for registration in an electoral roll if he-- (a) is not a citizen of India; or (b) is of unsound mind and stands so declared by a competent court; or (c) is for the time being disqualified from voting under the provisions of this relating to corrupt practices and other offences in connection with elections. (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included: Provided that the name of the any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal."
(3.) Section 19 provides that subject to the foregoing provisions of the Part, every person who is (a) not less than eighteen years of age on the qualifying date; and (b) ordinarily resident in a constituency shall be entitled to be registered in the electoral roll for that constituency. The expression "ordinarily resident" is defined in Section 20. Section 21 provides for the preparation and revision of electoral rolls. Section 22 provides for the correction of entries in electoral rolls and is in the following terms: "22. Correction of entries in electoral rolls.--If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency-- (a) is erroneous or defective in any particular, (b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or (c) should be detected on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special directions, if any, as any be given by the Election Commission in this behalf, amend, transpose or delete the entry after proper verification of facts in such manner as may be prescribed: Provided that before taking any action on ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him after proper verification of facts in such manner as may be prescribed.";