Case Summary: Lal Babu Hussein vs Electoral Registration Officer (1995)
📅 Date of Judgment: 06-02-1995
⚖️ Court: Supreme Court of India
👨⚖️ Judges: A.M. Ahmadi (C.J.), Sujata V. Manohar, N.P. Singh
📂 Case No: Writ Petition (Civil) No. 731 of 1994 with C.A. No. 1319 of 1995 and W.P. (C) No. 56 of 1995
📜 Citations: AIR 1997 SC 1897; (1997) AIRSCW 1897; (1997) 225 ITR 561; (1995) 2 JT 229; (1995) 1 SCALE 483; (1995) 3 SCC 100; (1995) 1 SCR 877
📌 Final Decision: Disposed Of
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🔍 Law Points Raised
1. Eligibility of persons for inclusion in electoral rolls under Article 326.
2. Constitutional interpretation of Articles 5, 6, and 7 relating to Indian citizenship.
3. Statutory framework of the Representation of the People Act, 1950 regarding electoral rolls.
4. Citizenship status of persons migrating from Pakistan under Section 9 of the Citizenship Act, 1955.
5. Application of natural justice under Section 22 of the RPA 1950 and Rule 21A of the 1960 Rules.
6. Role and scope of the Electoral Registration Officer under the Registration of Electors Rules, 1960.
⚖️ Ratio Decidendi
The Court ruled that a person whose name appears on the electoral roll is presumed to be qualified unless validly disqualified under the law. If their citizenship is questioned, the burden lies on the objector to prove disqualification, and principles of natural justice must be followed before deletion of any name. The Court stressed the importance of due process in electoral roll revisions and highlighted the constitutional balance between Article 326 and relevant statutory provisions.
🏛 Final Ruling
The Supreme Court upheld the need for procedural fairness in removing names from electoral rolls. It disposed of the petitions with directions to follow proper legal procedure before any deletion and emphasized that any claims of disqualification must be supported with evidence and subject to a fair hearing.
🔖 Key Paragraph References
- Para 1–2: Articles 324–328 and adult suffrage framework.
- Para 3–4: Role of Representation of People Act and Electoral Rules.
- Para 5–7: Articles 5, 6, and 7 of the Constitution explained.
- Para 11–14: Burden of proof and principles of natural justice.
📝 Summary
This judgment is a vital precedent on voter eligibility and electoral roll integrity. It underscores that the right to vote flows from citizenship and is protected under Article 326, subject to lawful disqualifications. The Electoral Registration Officer must follow principles of natural justice while modifying rolls. The ruling ensured that no citizen is arbitrarily disenfranchised without due process and evidence-backed disqualification.
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