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Nearly 66,23,00,000 Aadhar numbers have already been uploaded in the process of finalising electoral rolls, Top Court was further informed
The Election Commission on Monday, September 18, informed the Supreme Court of India that submission of the Aadhar number is not mandatory for process of deletion and updation of entries in the electoral roll.
A CJI DY Chandrachud led bench was further told that the Election Commission is looking into issuing appropriate clarifications for the same.
Sukumar Pattjoshi, Senior Counsel appearing on behalf of the Election Commission of India, also submitted before the bench that nearly 66,23,00,000 Aadhar numbers had already been uploaded in the process of finalising electoral rolls.
"Mr. Pattjoshi further states that the submission of the Adhar number is not mandatory under Rule 26-B of the Registration of Electors (Amendment) Rules 2022 and hence the Election Commission is looking into issuing appropriate clarificatory changes in the forms introduced for that purpose", the bench comprising Justices JB Pardiwala and Manoj Misra noted in its order.
Court thus went on to disposed of a petition filed by G. Niranjan.
In a similar plea, the Supreme Court in November last year had issued notice in a challenge to the Election Laws (Amendment) Act, 2021 and amended Section 23 and Section 28 of the Representation of People’s Act, 1950 (RP Act), and the Rules made pursuant thereto, namely Registration of Electors (Amendment) Rules, 2022, which together enable the Election Commission of India to use the Aadhaar database in the process of deletion and updation of entries in the electoral roll.
The PIL also challengeed the notifications issued under the Amendment Rules, 2022 by the Election Commission signaling the commencement of the exercise contemplated by the RP Act.
Arguing that preparation of electoral roll is to be independently performed by ECI under the constitutional scheme, the plea submits that the exercise sanctioned under the RP Act, Rules and the Notifications poses a major threat to the independence of the Election Commission insofar as the Election Commission has made the function of the preparation of electoral rolls dependent on the processes and systems of Aadhaar/UIDAI that it has no control over.
Case Title: G. NIRANJAN vs. ELECTION COMMISSION OF INDIA & ANR.
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