Supreme Court of India · 2004-05-05
USHA MEHTA vs
- Citation / case number
- SC 1994/20121
- Court
- Supreme Court of India
- Petitioner
- USHA MEHTA
- Author
- G.P. MATHUR. AR. LAKSHMANAN
- Bench
- G.P. MATHUR. CJI. DR. AR. LAKSHMANAN
Judgment text excerpt
The Supreme Court ruled that the Election Commission cannot withhold elections in Bihar and Orissa due to the incomplete issuance of photo identity cards to all eligible voters, as mandated by Article 168 of the Constitution. The Court acknowledged that while Bihar had not complied adequately, the elections must proceed to uphold the constitutional right to vote. The Election Commission was directed to ensure fair and free polls while allowing the elections to take place despite the identity card issue.