A.K.PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA
Chief Election Commissioner Etc. – Appellant
Versus
Jan Chaukidar – Respondent
Judgment :
These are appeals by way of Special Leave under Article 136 of the Constitution against the common order dated 30.04.2004 of the Patna High Court in C.W.J.C. No.4880 of 2004 and C.W.J.C. No.4988 of 2004.
2. The facts very briefly are that Article 326 of the Constitution provides that the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage and every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under the Constitution or any law made by the appropriate Legislature on the grounds of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter for any such election. In accordance with Article 326 of the Constitution, Parliament has enacted the Representation of the People Act, 1950 (for short ‘the 1950 Act’) for registration of voters at such elections to the House of the People and to the Legislative Assembly of every State and has also enacted the Representation of the People Act,
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