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1994 DIGILAW 823 (SC)

Election Commission of India v. State of West Bengal

1994-08-01

R.M.SAHAI, S.MOHAN

body1994
JUDGMENT : 1. These transfer petitions under Article 139A of the Constitution of India have been filed by the Election Commission of India seeking transfer of two petitions one filed in the Calcutta High Court and other in the Kerala High Court as they raise similar questions of law which are of substantial importance. 2. On 29th August, 1993 the Election Commission issued a notification requiring every state to supply identity cards to the voters. In furtherance of this notification, instructions were issued in December, 1993 to various State Governments to proceed with the work of preparing and supplying identity cards by 30th November, 1994. This was challenged by the State of West Bengal by way of Writ Petition No. 251 of 1994 and a learned Single Judge, by a detailed reasoned order, stayed the operation of the orders and notification issued by the election commission. The order was subsequently set aside by this Court. But the writ petition is pending for final adjudication. In the meantime, a learned Single Judge of the Kerala High Court dismissed the writ petition upholding the validity of the notification and the orders. Against the order of the notification and the orders. Against the order of the learned Single Judge an appeal is pending in the High Court. 3. We have heard the learned counsel for petitioners and the petitioner of the Writ Appeal in Kerala High Court who is an advocate and appeared in person. We have heard the learned counsel for the State of West Bengal as well. 4. The submission of the respondent in the Kerala appeal that the two petitions do not raise similar issues does not appear to be correct. Validity of the notification and orders issued by the Election Commission are issues which arise for consideration in both the petitions. They raise substantial questions of law as well. 5. Considering the nature of dispute which is substantially the same and in order to ensure uniformity, it appears just and proper to withdraw both the petitions pending in Calcutta and Kerala High Courts for disposal by this Court. It is also made clear that any such petition, if filed in any other High Court, it shall after entertaining the same transfer it to this court. 6. It is also made clear that any such petition, if filed in any other High Court, it shall after entertaining the same transfer it to this court. 6. The Transfer Petitions are accordingly allowed and the Writ Petition No. 251 of 1994 (State of West Bengal v. Election Commission of India and Ors.) and Writ Appeal No. 379 of 1994 (J. William John etc. v. The Chief Election Commissioner & Ors.) pending before the High Courts of Calcutta and Kerala respectively are transferred to this Court for hearing and disposal.