A.C. JOSE versus SIVAN PILLAI & ORS.

A.C. JOSE versus SIVAN PILLAI & ORS.

The Election Commission’s order directing casting of ballots by machines was ultra vires and without jurisdiction, as the Act and Rules prescribed only the conventional method; the word 'ballot', in its strict sense in the relevant statutes and rules, does not include voting by machines.

Parties
Appellant: A.C. Jose; Respondent: Sivan Pillai; Respondent: Union of India; Respondent: Election Commission of India
Jurisdiction
India
Judgment Date
05 March 1984
Procedural Posture
Civil Appeal / Appeal Against Judgment of Kerala High Court in Election Petition No. 1 of 1982
Outcome
Appeal allowed
Legal Topics
Election Procedure, Powers of Election Commission, Interpretation of 'ballot', Validity of Electronic Voting Machines
Constitutional Law Election Law Election Procedure Powers of Election Commission Interpretation of 'ballot' Validity of Electronic Voting Machines

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Parties

A.C. Jose

Appellant

Sivan Pillai

Respondent

Union of India

Respondent

Election Commission of India

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of Kerala High Court in Election Petition No. 1 of 1982

Legal Issues

  1. 1 Whether voting by electronic machines is valid under existing law
  2. 2 Scope of Election Commission’s powers under Article 324

Ratio Decidendi

The Election Commission’s order directing casting of ballots by machines was ultra vires and without jurisdiction, as the Act and Rules prescribed only the conventional method; the word 'ballot', in its strict sense in the relevant statutes and rules, does not include voting by machines.

Court Disposition

Appeal allowed

Orders

  • Election of the respondent is set aside with respect to the 50 polling stations where voting machines were used.
  • Repoll to be held in the 50 affected polling stations.