Sub: To the Election Commission: new colour PVC Voter ID Cards registration violates Supreme court judgement on Aadhaar

This is to bring your attention to a contempt of supreme court directive, by enforcing aadhaar number for new colour PVC Voter ID card registration in CEO Kerala Website (http://www.ceo.kerala.gov.in/aadhaarSeeding.html). I would invite your urgent attention to this matter. If Election commission is trying to make Aadhaar linking it compulsory, it would constitute a blatant contempt of the Supreme Court of India order dated 23rd September 2013 (see Order http://goo.gl/j074OG ).

This Supreme Court order renders any direction of insistence of Aadhaar numbers from Indian citizens illegal. Please see  copy of the order, which states:

“In the meanwhile, no person should suffer for not getting the Adhaar card inspite of the fact that some authority had issued a circular making it mandatory…”

Further, in another order dated 24th March 2014 (see Order http://goo.gl/qoBskk), the Supreme Court of India reaffirmed this point and elaborated:

“…no person shall be deprived of any service for want of Aadhaar number in case he/she is otherwise eligible/entitled. All the authorities are directed to modify their forms/circulars/likes so as to not compulsorily require the Aadhaar number in order to meet the requirement of the interim order passed by this Court forthwith.”

On 16th March 2015 Supreme court of India reaffirmed this point again (See Order http://goo.gl/mfYXZu)

“…In the meanwhile, it is brought to our notice that in certain quarters, Aadhar identification is being insisted upon by the various authorities, we do not propose to go into the specific instances.

Since Union of India is represented by learend Solicitor General and all the States are represented through their respective counsel, we expect that both the Union of India and States and all their functionaries should adhere to the Order passed by this Court on 23rd September, 2013.”

I have strong reasons to believe Aadhaar linked election process will kill the democracy in this country and these issues are in front of  supreme court of India . As a result, I will be unable to provide my Aadhaar number for inclusion as per the law in this country .  As a citizen of India I have equal rights to obtain a PVC card without seeding Aadhaar number by filing same form in website .

I am sure many people will be facing same issues . So I request you to take actions to remove mandatory Aadhaar seeding condition from the Webform on CEO Kerala website and provide equal opportunity for people does not wish to Link aadhaar to obtain New Colour PVC Voter ID Cards . I also request you to stop enforcing aadhaar in Election commission advertisements adhering with Interim order of Supreme court

Look forward to have a positive response from you

Anivar A Aravind , Thrissur

[email protected]