H R A CHOUDHURY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) These three writ petitioners are public interest litigations raising common questions of fact and law, and were heard analogously, and are being disposed of by this common judgment.

(2.) The petitioner No. 1 in Civil Rule (PIL) No. 185/98 is the Secretary General of the United Minorities Front, Assam, a registered political party of the State of Assam representing the religious, linguistic and ethnic minorities in the State of Assam. The petitioner No. 2 in the said writ petition is a person whose name appears in the electoral roll of polling centre No. 89(A) of 86 Nagaon Legislative Assembly Constituency, but against her name the letter 'D' has been marked on account of which she is not in a position to cast her vote. Names of 14 other persons similarly appear in the electoral roll of polling centre No. 89(A) of 86 Nagaon Legislative Assembly Constituency, but against their names the letter 'D' has been marked, as a result of which they are not in a position to cast their vote.

(3.) The names of three petitioners in Civil Rule (PIL) No. 253/98 have been included in the final electoral roll published on 9.12.1997, but against their names the letter 'D' has been indicated. By a communication dated 6.1.1998 of the Additional Chief Electoral Officer, Assam & Officer on Special Duty, Election Department, the concerned authorities have been informed that as per the order of the Election Commission of India persons whose names have been provisionally entered in the electoral rolls in the State of Assam and against whose names the letter 'D' has been indicated to denote that their citizenship status as doubtful/disputed shall not be allowed to cast their votes at the ensuing general election to the House of the People and also at any election held thereafter either to the House of the People or to the Legislative Assembly of the State of Assam so long as the citizenship status of any such person is not determined in his favour by the appropriate Tribunal to whom his case has been referred.