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1997 Supreme(SC) 934

SUJATA V. MANOHAR, J. S. VERMA, B. N. KIRPAL
Anukul Chandra Pradhan – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Verma, CJI.-By this petition under Article 32 of the Constitution challenge is made to the constitutional validity of sub-section (5) of Section 62 of the Representation of the People Act, 1951. Section 62 relates to right to vote and is as under :

"62. Right to vote.-(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.

(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in Section 16 of the Representation of the People Act, 1950 (43 of 1950).

(3) No person shall vote a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.

(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, an if he does so vote, all his votes in that constituency shall be void.

(5) No person shall vote at any election if he i























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