A plea challenging the constitutional validity of three provisions of the Representation of the People (RP) Act, 1950 has been tabled at Allahabad High Court, stating that they are violative of Article 14 and Article 326 of the Indian Constitution.
Filed by NGO Lok Prahari, the plea further contended that the provisions of the Act enable a permanent non-resident Indian (NRI) citizen to become a Prime Minister or a Chief Minister.
While filing the plea, it also referred to sub-Section 19 (b), Section 16(1) clause (c), and Section 20-A of the RP Act that irrationally discriminate and bar registration as a voter on the grounds of non-residence, crime and illegal practices, respectively.
Section 19 of the RP Act allows people who are above eighteen years of age on the qualifying date and are ordinarily resident in a constituency to be registered in the electoral roll for that constituency.
Section 16 (1) indicates that an individual shall be disqualified for registration in an electoral roll if s/he is not a citizen of India, is of unsound mind and stands so declared by a competent court; or is for the time being disqualified from voting under the provisions of any law associated with corrupt practices and other offences in relation to the election.
Section 20-A provides special provisions for citizens of India residing outside the country. It also gives every citizen of India (whose name is not included in the electoral roll, who has not acquired the citizenship of any other country, and who is relocating from his place of ordinary residence in India owing to his employment, education or otherwise) entitlement to have his/her name registered in the electoral roll in the constituency in which his/her place of residence in India as mentioned in his/her passport is located.
The plea was heard by a Division Bench led by Justices Devendra Kumar Upadhyaya and Ajai Kumar Srivastava. The Allahabad Court ordered the Union government and Election Commission of India (respondent parties) to file their affidavits before October 18.
