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2001 Supreme(AP) 171

G.BIKSHAPATHY, B.SUBHASHAN REDDY
K. Narasimha Naldu – Appellant
Versus
Election Commission of India, New Delhi – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THESE writ petitions raise a common complaint regarding the directives issued by the Election Commission of India in its proceedings No. 3/4/2001/js. II dated, 31-1-2001 as being arbitrary, illegal and) violative of Article 14 of Indian Constitution and consequently to direct the respondents to dispense with the production of documentary evidence of identity of the voters at the time of casting the votes by the voters who do not possess such documents in the current bye-elections of Giddalur-123 and Badvel-155 Assembly Constituencies scheduled on 19-2-2001.

( 2 ) MR. K. Ramakrishna Reddy, learned senior Counsel appearing for the petitioners strenuously contends that these directives are without any jurisdiction as being ultra vires of the Representation people Act, 1951 (hereinafter referred as the Act ) and the Rules under the caption the Conduct of Elections Rules, 1961 (hereinafter called the Rules ). The learned senior Counsel has adverted our attention to Section 62 of the Act to stress his point that every person whose name is enlisted in the Voters List is entitled as of right to exercise his franchise and such a right is unfettered and canno





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