New Delhi: The Supreme Court has issued notice to the Election Commission on a special leave petition (SLP) against a Madras High Court judgment upholding the Commission's decision to release electoral rolls with photographs of voters, including Muslim Gosha women.

A Bench, comprising Justices K.G. Balakrishnan and D.K. Jain, issued notice to the Commission, the Union of India, the Tamil Nadu Chief Secretary and the State Chief Electoral Officer after hearing senior counsel A.K. Ganguly, who contended that publishing photographs of Muslim Gosha women was opposed to their religious belief.

The High Court, by its order dated September 7, dismissed a petition by M. Ajmal Khan a few days prior to the Madurai Central by-election, holding that wearing of `purdha' did not form part of Islam.

Assailing the order, the petitioner said the SLP was not directed against any election process but against the Commission's powers to interfere with religious affairs, a fundamental right guaranteed under Article 25 of the Constitution.

He submitted that Muslim voters were not questioning the Commission's authority in issuing photo identify cards, but their grievance was over its direction to print the photographs and circulate them with the electoral rolls to the public and political parties.

Religious custom

This decision interfered with the religious custom and preaching of the Holy Koran, which laid down that Muslim women should wear `purdha.' The petitioner submitted that the rolls should be used only by the officers concerned for verification, and they should not be circulated to the public and political parties.

Their publication was likely to wound the sentiments of the Muslim community as there was every chance of misuse of the photographs, if the rolls were made accessible to unscrupulous persons.

Important questions of law of public importance were involved in the SLP, which required determination by the apex court, he said, and sought quashing of the impugned order.

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