JUDGMENT

Article 168 of the Constitution provides that every State shall have a Legislature and Art. 172(1) provides that every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly. Under this Article the five year term of the Legislative Assemblies of two States, namely, the States of Bihar and Orissa will expire on March 15, 1995. It is obvious that on the expiration of the said term of five years on March 15, 1995, the Assemblies of the said two States will stand dissolved. To satisfy the mandate of Article 168 it is necessary that elections should be held in aforesaid two States in a manner that the election results are declared before March 15, 1995. The latest Press Note issued by the Election Commission on December 8, 1994 states that the elections in the States of Bihar and Orissa would be completed before March 10, 1995. Ordinarily no objection can be raised by either of the States to the schedule of elections fixed with a view to completing the same before March 15, 1995.

2. However, in paragraph o6 of the said Press Note is it ordained:

"A poll in any of these States will not be taken without the supply of electoral identity cards to all eligible electors. The State Government will be called upon to furnish a certificate that photo identity cards have been supplied to all eligible electors."

On a plain reading of the said paragraph it is clear that unless all eligible electors are supplied electoral identity cards and a certificate to that effect is not furnished by the concerned State Government, no poll will be taken in that State. It is, therefore, apprehended by the petitioners of writ petitions Nos. 2 and 6 of 1995 which concern the States of Bihar and Orissa that since the said two States are not in a position to complete the requirement of supplying photo identity cards to all eligible electors before the last date fixed for the same, elections may not be taken in the said two States thereby denying to the electors thereof their constitutional right to elect a new assembly for their respective States. The petitioners content that that would tantamount to the eligible electors of the State being denied their constitutional and democratic right to elect a new assembly. This apprehension arises in the background of the following events.

3. On August 28, 1993, the Election Commission in purported exercise of powers under R. 28 of the Registration of Elector Rules, 1960 read with S. 130(2) of the Representation of People Act, 1950, issued a directive for the supply of photo identity cards to electors in the assembly as well as parliamentary constituencies in each State, with a view to prevent impersonation of electors and facilitating their identification at the polls. It was also made clear in no uncertain terms that no polling at elections for which the Election Commission is responsible shall take place after January 1, 1995 unless all eligible electors have been supplied with identity cards. What features the identity cards shall bear was also indicated with a caution that there will be no departure from these features in any manner whatsoever. This was followed by High Level Meetings at which certain State Governments, including the representatives of the said two States of Bihar and Orissa, pointed out certain difficulties in the implementation of the said directive. The Chief Election Officers of the States were held responsible for maintaining the schedule for completion of the identity cards to the electors before deadline fixed by the Election Commission. On May 11, 1994, the Election Commission wrote to the Chief Secretary and Chief Election Officer, Bihar that there was virtually no progress made towards issuance of identity cards and added the commission hereby forewarns you that the responsibility for any cons