Supreme Court of India · 2013-07-10
CHIEF ELECTION COMMISSIONER ETC. vs JAN CHAUKIDAR (PEOPLES WATCH) .
- Citation / case number
- SC 2004/9856
- Court
- Supreme Court of India
- Petitioner
- CHIEF ELECTION COMMISSIONER ETC.
- Respondent
- JAN CHAUKIDAR (PEOPLES WATCH) .
- Author
- SUDHANSU JYOTI MUKHOPADHAYA A.K. PATNAIK
- Bench
- SUDHANSU JYOTI MUKHOPADHAYA A.K. PATNAIK
Judgment text excerpt
The Supreme Court addressed the interpretation of Article 326 of the Constitution and Sections 62 and 16 of the Representation of the People Act, 1951 and 1950 respectively, clarifying that individuals confined in prison or lawful police custody are disqualified from voting and thus not considered 'electors'. The Court upheld the provisions of the 1951 Act, emphasizing that the right to vote is contingent upon being an elector, which excludes those under certain disqualifications. The appeals were dismissed, affirming the High Court's decision regarding voter eligibility.