The PIL before the HC by a NGO called Matoshri Health Trust contended that the data collected for issuance of Aadhar Cards could be used for election purposes as it contains detailed information about a person's address, photograph and age proof.
The unique identification card details must be handed over by the Central government to the EC, said the NGO's lawyer Jamshed Mistry. "Sharing the information would help with proper updation of electoral roll which would continue upto early April."
The bench of Chief Justice Mohit Shah and Justice Manoj Sanklecha was of the view that Aadhar Card could be used but Pradeep Rajagopal, advocate for Election Commission made it clear that the Election Identity Card and the Aadhar Card are separate.
"Under the Election Identity Card the voter has to be an ordinary resident but a citizen of India. But for a Aadhar card citizenship is not a pre-requisite. The Adhar card is no proof of citizenship," he said.
Rajiv Chavan counsel for the Central Government argued against handing over of the entire data available with the Unique Identification Authority of India to the Election Commission. "It is impermissible," he said.
The HC observing that the elections were around the corner disposed of the PIL by directing that the Centre and EC use it as a representation and decide on it expeditiously, "in any case within four weeks."
The PIL's main argument was that here was an entire depository of information and survey already done done under UIA and it could be put to use for the forthcoming Lok Sabha elections.
"The PIL is to ensure that the data available of 60 crore people with the National identification Authority of India is put to use in the ensuing elections by handing over the data to the EC to streamline the electoral roll. Each person entered in the electoral roll will then have an unique identification number which can be produced along with the election card to eliminate impersonation and duplicate voting," the petitioners said.
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