P.Kiran Kumar Goud & Anr. v. Union of India, Rep., by its Secretary

Counsel for the Petitioner : Shri B.Mahender Reddy November 01, 2006 Per G.S. SINGHVI, CJ In this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for striking down Section 2 (2) of Representation of People Act, 1951 (for short, ‘the 1951 Act’) and Section 27 of Representation of People Act, 1950 (for short, ‘the 1950 Act’). The petitioners are residents of Nizamabad. They possess the qualification of graduation and, as such, they are eligible to be enrolled as voters in Graduates’ Constituencies of Karimnagar, Adilabad, Nizamabad and Medak Districts and also participate in the election. Their grievance is that in the process of preparation of electoral rolls, graduates are being discriminated qua teachers, inasmuch as, a graduate teacher can enroll himself as a voter for Teachers’ Constituency and also for Graduates’ Constituency and exercise two votes for the said constituencies, whereas similar facility has not been provided to other graduates.

In paragraph 8 of his affidavit, petitioner No.1, P.Kiran Kumar Goud has averred that the possibility of enrolment of graduate teachers in two constituencies may enable them to elect eight representatives from Teachers’ Constituency and eight representatives from Graduates’ Constituency and thus Graduates’ Constituency will become supplementary to Teachers’ Constituency. We have heard Shri B.Mahender Reddy, learned advocate for the petitioners. We have also gone through Section 2 (2) of the 1951 Act and Section 27 of the 1950 Act. Learned counsel for the petitioners could not show that either of the two sections, the constitutionality of which has been challenged in the writ petition, are beyond the legislative competence of the Parliament or are violative of any provision of the Constitution. He, however, tried to convince us to entertain the petition by saying that Election Commissioner of India has issued Circular dated 14-09-2006 for enabling the teacher- graduates to get themselves registered in more than one constituency as defined in Section 2 (2) of the 1951 Act and participate in the impending elections to the Andhra Pradesh Legislative Council from two constituencies.