KAMAL NATH versus ELECTION COMMISSION OF INDIA AND OTHERS

Citation: [2018] 12 S.C.R. 842 · Decided: 12-10-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
842
SUPREME COURT REPORTS
[2018] 12 S.C.R.
KAMAL NATH
v.
ELECTION COMMISSION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 935 of 2018)
OCTOBER 12, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Election laws: Election Manual 2016 – Chapter XI – Clause
11.2.2.2 – Putting draft roll on website – Petitioner seeking
publishing/providing of soft copies of draft electoral rolls to political
parties in text format-searchable PDF format – Held: Clause
11.2.2.2 of the Election Manual uses the expression ‘text mode’ –
Draft electoral roll in the text mode, supplied to the petitioner fulfills
the requirement contained in the Election Manual – Clause nowhere
says that the draft electoral roll has to be put up on the Chief Electoral
Officer’s website in a ‘searchable PDF’ – Therefore, the petitioner
cannot claim, as a right, that the draft electoral roll should be placed
on the website in a ‘searchable mode’ – Furthermore, since Clause
11.2.2.2 does not entitle the petitioner to get the draft electoral roll
in the text mode which is searchable as well viz. in ‘full text search’
form, it is for the ECI to decide about the format in which the draft
electoral roll is to be published – Issues of privacy of voters are
involved and the move of ECI is aimed at prevention of voter profiling
and data mining.
Dismissing the writ petitions, the Court
HELD: 1.1 The ECI claims that it took all necessary steps
in this behalf. ECI gave a detailed reply to the petitioner and his
political party, that the complaint of the petitioner and the political
party to which he is affiliated regarding duplication/multiplication
of voters had been rectified. Furthermore, ECI also supplied a
copy of the rectified draft electoral roll to the petitioner, and the
political party to which he is affiliated, on July 31, 2018. It was
also stated at the bar that ECI has also now published the Final
Electoral Roll on September 27, 2018 and supplied a copy of the
same to the petitioner (and his political party) wherein all such
defects/discrepancies find no place as they have already been
rectified earlier. The ECI explained that revision and updation of
842
[2018] 12 S.C.R. 842
A
B
C
D
E
F
G
H
843
the electoral roll is a continuous process, which the ECI is
diligently pursuing continuously. [Para 17, 18] [852-A-B, C-D]
1.2 Clause 11.2.2.2 of the Election Manual places an
obligation on the ECI to put the draft roll on its website in PDF
format. The purpose is to bring it in public domain so that each
voter is able to access the same and find out whether his/her
name is correctly shown and in case of any error, the said voter is
in a position to get the same rectified. Likewise, in case a particular
voter is missing from the list, that individual would be in a position
to take up the matter with the ECI for inclusion of his/her name.
A copy thereof is also given to the political parties as well, because
these political parties have equal interest in ensuring that the
aforesaid mistakes are removed. They can additionally check as
to whether there are duplicate or fake voters also in the list and
seek correction thereof. However, the second part of the said
clause mentions that draft roll would be put in a ‘text mode’. It
also states that no photograph would appear against the electors’
details. [Para 19]. [852-E-F; 853-A-B]
1.3 The counsel for ECI submitted that the use of the phrase
‘text mode’ in Clause 11.2.2.2 of the Election Manual only means
that the draft electoral roll put up on the Chief Electoral Officer’s
website shall only contain ‘text’ of the elector’s details and not
his/her ‘photographs/pictures/pictorial content’; that every PDF
document, whether it is a searchable or non-searchable/Image
PDF and which contains any text content in a ‘Text Mode’ is PDF
in that sense; that there is nothing called a ‘Text Mode’ format
of a PDF document; and that a simple ‘Google search’ in that
regard would also clearly and conclusively establish the same.
There is force in the submission of the ECI. Clause 11.2.2.2 of
the Election Manual uses the expression ‘text mode’. The draft
electoral roll in that mode, i.e. text mode, has been supplied to
the petitioner. The clause nowhere says that the draft electoral
roll has to be put up on the Chief Electoral Officer’s website in a
‘searchable PDF’.  Therefore, the petitioner cannot claim, as a
right, that the draft electoral roll should be placed on the website
in a ‘searchable mode’. It has only to be in ‘text mod

Excerpt shown. Read the full judgment & AI analysis in Lexace.