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2016 Supreme(All) 459

D. Y. CHANDRACHUD, RAJAN ROY
LOK PRAHARI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
S.N. Shukla (In Person) for the Petitioner; A.S.G., Ashok Mehta, Alok Mathur and Manish Mathur for the Respondents.

JUDGMENT

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The writ petition by LOK PRAHARI, a society registered under the Societies Registration Act 1860 seeks a declaration that the Representation of the People (Amendment and Validation) Act, 2013 is ultra vires and unconstitutional.

2. In pursuance of the provisions of Article 326 of the Constitution, Parliament enacted the Representation of the People Act 1950 (Act of 1950). Part II-B of the Act of 1950 provides for electoral rolls for parliamentary constituencies. Part III provides for electoral rolls for assembly constituencies. The electoral roll for every parliamentary constituency consists of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency. Under Section 15, for every assembly constituency, the electoral roll is prepared in accordance with the provisions of the Act of 1950 under the superintendence, direction and control of the Election Commission. Section 16 provides for disqualifications for registration in an electoral roll and is in the following terms:

“16. Disqualifications for registration in an electoral roll.—(1) A person shall be disqualified for registrati



















































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