A bench of Justices D Y Chandrachud and A S Bopanna asked Surjewala's counsel as to why they have not approached the high court first
Congress leader Randeep Singh Surjewala. File Pic
The Supreme Court on Monday asked Congress leader Randeep Singh Surjewala, who has challenged the Election Law (Amendment) Act, 2021 that enables linking of electoral roll data with the Aadhaar ecosystem, to approach the competent high court.
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A bench of Justices D Y Chandrachud and A S Bopanna asked Surjewala's counsel as to why they have not approached the high court first.
"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 Law (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 different states will go for elections in the next six months.
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"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.
The top court was hearing Surjewala's plea challenging the constitutional validity of section 4 and 5 of the Election Law (Amendment) Act, 2021.
The petition said that 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 to declare that sections 4 and 5 of the Election Law (Amendment) Act, 2021 infringe upon the fundamental right of privacy of citizens and therefore, are unconstitutional and ultra vires the Constitution.
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