KAMAL NATH versus ELECTION COMMISSION OF INDIA AND OTHERS

KAMAL NATH versus ELECTION COMMISSION OF INDIA AND OTHERS

Clause 11.2.2.2 of the Election Manual does not require providing draft electoral roll to political parties in searchable PDF; 'text mode' means textual elector details without photographs, not searchable format. ECI retains discretion regarding electoral roll format, considering privacy concerns. Request for VVPAT random verification is not maintainable given prior dismissal of similar relief.

Parties
Petitioner: Kamal Nath; Respondents: Election Commission of India and Others
Jurisdiction
India
Judgment Date
12 October 2018
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petitions dismissed
Legal Topics
Electoral Rolls, VVPAT Verification, Privacy, Voter Data, Election Manual Interpretation
Election Law Constitutional Law Electoral Rolls VVPAT Verification Privacy Voter Data Election Manual Interpretation

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Parties

Kamal Nath

Petitioner

Election Commission of India and Others

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether Clause 11.2.2.2 of the Election Manual requires electoral rolls to be provided in searchable text PDF format
  2. 2 Whether political parties are entitled to receive draft electoral rolls in searchable PDF
  3. 3 Whether ECI is obliged to provide voter lists in a format amenable to electronic scrutiny

Ratio Decidendi

Clause 11.2.2.2 of the Election Manual does not require providing draft electoral roll to political parties in searchable PDF; 'text mode' means textual elector details without photographs, not searchable format. ECI retains discretion regarding electoral roll format, considering privacy concerns. Request for VVPAT random verification is not maintainable given prior dismissal of similar relief.

Court Disposition

Petitions dismissed

Orders

  • No relief granted; Election Commission's practice upheld with respect to format and supply of electoral rolls.
  • Request for directions on VVPAT verification rejected.