Madras High Court
S.Veerabahu vs The Chairman on 3 December, 2014
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03-12-2014 CORAM THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN WRIT PETITION No.9989 of 2004 S.Veerabahu .. Petitioner vs 1.The Chairman The Election Commission of India New Delhi 2.The Secretary to Government Department of Law, Justice and Company Affairs Union of India, New Delhi .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of declaration directing the respondents to interpret Rule 49-O of The Conduct of Election Rules, 1961, to include a voter's right to reject all candidates in elections to parliament and the legislature of every state and consequently to provide an additional box of option as None of the above to the voters who opt to reject all candidates, in the bottom of candidate's names and corresponding symbol of the balloting unit of the electronic machines used in elections. For Petitioner : No appearance For Respondents : Mr.G.Rajagopal Senior Counsel for M/s.G.R.Associates for R1 Mr.V.Kadhirvelu Central Government Standing Counsel for R2 ORDER
(Order of the Court was made by THE HON'BLE CHIEF JUSTICE) The only prayer made in this petition for an option not to vote for any of the candidates has become infructuous in view of the judgment of the Hon'ble Supreme Court in PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANOTHER V. UNION OF INDIA AND ANOTHER [(2013) 10 SCC 1] requiring the NOTA Button to be provided in the manner as stated in the order.
2.The writ petition is, accordingly, disposed of as infructuous. No costs.
(S.K.K.,C.J.) (R.M.D.,J.) 03-12-2014 Index: yes/no To:
1.The Chairman The Election Commission of India New Delhi
2.The Secretary to Government Department of Law, Justice and Company Affairs Union of India, New Delhi nsv THE HON'BLE CHIEF JUSTICE AND R.MAHADEVAN, J.
nsv W.P.No.9989 of 2004 Dt: 03-12-2014