JUDGMENT

Bharucha, J. -This appeal is filed by the Election Commission of India, by special leave, against the judgement and order of a learned Single Judge of the Gauhati High Court on a writ petition filed by the first respondent.

2. The first respondent was registered as an elector in the New Delhi Parliamentary Constituency when, on 21st June, 1991, he became a Minister in the Union Cabibet. By reason of the provisions of Article 75(5) of the Constitution, it was requisite that he be elected to either House of Parliament within six months.

3. On 27th August, 1991 the first respondent preferred a claim in Form No. 6 prescribed under Rule 26 of the Registration of Electors Rules, 1960 for inclusion of his name in the electoral roll of 52- Dispur Legislative Assembly Constituency in the State of Assam ("the said constituency") stating that his place of residence was c/o Dr, Hema Prabha Saikia, Ward No. 34, Sarumataria Hill, P.O. Assam Sachivalaya, Dispur. He stated therein, "My name may have been included in the electoral roll in U.T. Delhi State in which I was ordinarily resident earlier at the address mentioned below and, if so, I request that the same may be excluded from that el