Assam Sanmilita Mahasangha vs Union of India & Others

Ajit Singh, C.J.—Heard Mr. KN Choudhury, learned Senior Counsel, assisted by Mr. Mr. BD Deka, learned counsel for the petitioner and Mr. S.C.Keyal, learned Assistant Solicitor General of India, appearing for the respondents on admission of this Public Interest Petition.

In the present Public Interest Litigation, the petitioner - Assam Sanmilita Sangha has mainly challenged the action of Election Commission of India in notifying election of the State Legislative Assembly vide notifications dated 11.3.2016 and 14.3.2016. According to the petitioner, such action of the Election Commission is oblivious to the fact that the updating of the National Register of Citizens (NRC), a process anxiously awaited by the people of Assam, is in its final stage. The petitioner submits that without updating the NRC and without subsequent rectification of the electoral roll after deletion of the names of the foreigners, going forward with the ensuing 2016 State Legislative Assembly election will destroy the entire demography of the State and would have disastrous effect on national security.

The period of 5 years of the present State Legislative Assembly has virtually come to an end. The members of the new Legislative Assembly are therefore required to be chosen by direct election from territorial constituencies of the State. And for this purpose, the Election Commission has issued impugned notifications dated 11.3.2016 and 14.3.2016. It is not the case of the petitioner that the present Legislative Assembly which consists of elected members either destroyed the demography of the State or had disastrous effect on national security.

Admittedly, after the impugned notifications, process of election has begun. The campaigning by the candidates is also in full swing. And it is well settled that once the process of election has begun, the High Court should not interfere with the election. It is also well settled that an election cannot be set aside under Article 226 of the Constitution even if electoral roll was found to be defective. Further, an election can be challenged only member-wise and not as a whole of the entire legislature. [(see Indrajit Barua & Ors. v. Election Commission of India & Ors., (1985) 4 SCC 722 and Lakshmi Charan Sen & Ors. v. Union of India & Ors., (1985) 4 SCC 6890].

Learned Senior Counsel for the petitioner has taken us through certain paragraphs of the decision of Supreme Court in Sarbananda Sonowal v. Union of India & Another, (2005) 5 SCC 665, but the decision does not deal with the election or process of election of the State Legislative Assembly. Also petitioner could not cite any decision of the Supreme Court wherein it has interfered with a notification of Election Commission notifying election of the State Legislative Assembly.

We are also prima facie convinced that Election Commission of India has taken all possible steps to ensure free and fair election in the State of Assam.

For these reasons, we find no good ground to admit this petition and it is accordingly dismissed.