SC asks Congress leader Surjewala to approach HC
NEW DELHI: The Supreme Court on Monday asked Congress leader Randeep Singh Surjewala, who has challenged the Election Laws (Amendment) Act, 2021 that enables linking of electoral roll data with the Aadhaar ecosystem, to approach the competent High Court.
A bench of Justices D Y Chandrachud and A S Bopanna, which asked Surjewala’s counsel as to why he has not moved the high court first, granted the politician liberty to approach the High Court.
“Why do not you move the Delhi High Court? You will have the same remedy. You are challenging sections 4 and 5 of the Election Laws (Amendment) Act of 2021. Why have you come here? You can go to the Delhi High Court,” the bench observed.
The counsel representing the Congress leader said three states will go to elections in the next six months, while underlining the significance of the petition.
The bench noted if there are different petitions, the Union of
India can file a transfer petition and the apex court might club the matters before one high court.
“An efficacious alternative remedy is available before the high court in the exercise of its jurisdiction under Article 226 of the Constitution,” it said.
“In view of the remedy which is available in the law, we grant liberty to the petitioner to move a petition under Article 226 (of the Constitution) before the competent high court,” the bench said.
Article 226 empowers High Courts to issue writs in various matters to any person or authority, including the government.
The top court was hearing Surjewala’s plea challenging the constitutional validity of section 4 and 5 of the Election
The top court was hearing Surjewala’s plea challenging the constitutional validity of section 4 and 5 of the Election Laws (Amendment)
Act, 2021
Laws (Amendment) Act, 2021. The petition contended the amendment “intends to link two completely distinct documents (along with their data), i.e., the Aadhaar card, which is a proof of residency (permanent or temporary) and EPIC/ Voter ID, which is a proof of citizenship. Hence, making it amply evident that the linkage of Aadhaar and Voter ID is completely irrational.”
The plea sought the court to declare that sections 4 and 5 of the Election Laws (Amendment) Act, 2021 infringe upon the citizens’ fundamental right to privacy and therefore are unconstitutional and ultra vires the Constitution.