M.B.SHAH, P.VENKATARAMA REDDI, D.M.DHARMADHIKARI
Peoples Union For Civil Liberties (Pucl) Petitioners With Lok Satta And Association For Democratic Reforms Petitioners – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Shah, J.-These writ petitions under Article 32 of the Constitution of India have been filed challenging the validity of the Representation of the People (Amendment) Ordinance, 2002 (No.4 of 2002) ("Ordinance" for short) promulgated by the President of India on 24th August, 2002.
2. There was an era when a powerful or a rich or a strong or a dacoit aged more than 60 years married a beautiful young girl despite her resistance. Except to weep, she had no choice of selecting her male. To a large extent, such situation does not prevail today. Now, young persons are selecting mates of their choice after verifying full details thereof. Should we not have such a situation in selecting a candidate contesting elections? In a vibrant democracy - is it not required that a little voter should know bio-data of his/her would be Rulers, Law-makers or Destiny-maker of the Nation?
3. Is there any necessity of keeping in dark the voters that their candidate was involved in criminal cases of murder, dacoity or rape. Or has acquired the wealth by unjustified means? May be that he is acquitted because Investigating Officer failed to unearth the truth or because the witnesses turned hostile.
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