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Justice Bhuyan's remarks on disenfranchisement can't be simply brushed aside: Sena (UBT) leader

LAW FINDER NEWS NETWORK |

Mumbai, Oct 5 Shiv Sena (UBT) leader Akhil Chitre on Monday backed Supreme Court Judge Ujjal Bhuyan's observations on the Special Intensive Revision (SIR) of electoral rolls and said his remarks cannot be simply brushed aside and that the Constitution does not place its actions beyond constitutional scrutiny.


Justice Bhuyan on Sunday said any process which disenfranchises millions of Indian citizens was intrinsically arbitrary and a negation of the constitutional order, and that no amount of "whataboutery" can justify it.


Speaking at an event at the NALSAR University of Law in Hyderabad, he said the Constitution does not provide for two classes of citizens -- one class with voting rights and the other class without voting rights.


"If eligible voters are removed from electoral rolls without lawful justification, transparency or due process, it raises a serious constitutional concern under Articles 14 and 326. Article 324 gives the Election Commission constitutional responsibility over elections; it does not place its actions beyond constitutional scrutiny," Chitre said.


Electoral power must serve the voter, not override the elector. Arbitrary disenfranchisement has no place in a constitutional democracy, he added.

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