RAM DEO BHANDARI AND ORS. ETC. ETC. versus ELECTION COMMISSION OF INDIA AND ORS. ETC. ETC.

RAM DEO BHANDARI AND ORS. ETC. ETC. versus ELECTION COMMISSION OF INDIA AND ORS. ETC. ETC.

The Election Commission shall not withhold State Assembly elections in Bihar and Orissa solely for failure to complete issuance of photo identity cards by its deadline; constitutional rights of electors must be safeguarded.

Parties
Petitioner: Ramdeo Bhandari and Ors.; Respondent: Election Commission of India and Ors.; Respondent: State of Orissa; Respondent: State of Bihar; West Bengal (statement by Advocate General, not a main party)
Jurisdiction
India
Judgment Date
17 January 1995
Procedural Posture
Writ Petition (c) / Interim Order Granting Stay; Rule Nisi Issued
Outcome
Interim stay granted; writ petitions disposed of
Legal Topics
Power of Election Commission, Issuance of Identity Cards, Conduct of Elections, Article 168 and 172 of Constitution, Electoral Rights
Constitutional Law Election Law Power of Election Commission Issuance of Identity Cards Conduct of Elections Article 168 and 172 of Constitution Electoral Rights

Case Brief

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Parties

Ramdeo Bhandari and Ors.

Petitioner

Election Commission of India and Ors.

Respondent

State of Orissa

Respondent

State of Bihar

Respondent

West Bengal (statement by Advocate General, not a main party)

Procedural Posture

Writ Petition (c) / Interim Order Granting Stay; Rule Nisi Issued

Legal Issues

  1. 1 Whether Election Commission can withhold elections for failure to issue identity cards to all eligible electors
  2. 2 Whether lack of identity cards deprives electors of constitutional right to elect Assembly

Ratio Decidendi

The Election Commission shall not withhold State Assembly elections in Bihar and Orissa solely for failure to complete issuance of photo identity cards by its deadline; constitutional rights of electors must be safeguarded.

Court Disposition

Interim stay granted; writ petitions disposed of

Orders

  • Election Commission shall not withhold elections to legislative assemblies of Bihar and Orissa for non-completion of identity card issuance by deadline.
  • Election Commission free to take other permissible steps for fair and free poll.