Karnataka High Court
Ideal Democratic Empowerment ... vs The Chief Electoral Officer on 3 April, 2025
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NC: 2025:KHC:14113-DB
WP No. 8315 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 8315 OF 2025 (GM-RES-PIL)
BETWEEN:
1. IDEAL DEMOCRATIC EMPOWERMENT
ASSOCIATION (IDEA)
REGN NO.DRB3/SOR/156/2023-2024 DTD.21/06/2023
REGISTERED OFFICE AT: NO.99(1)
FIRST FLOOR, RAJIV GANDHI NAGAR STREET
BEHIND NITHYANANDA HIGH SCHOOL
JIGANI, ANEKAL TALUK
BENGALURU - 560 105
PAN NUMBER: AACA17215E
REPRESENTED BY ITS SECRETARY
ANJULA VISHWANATH
Digitally signed W/O. VISHWANATH
by VALLI
MARIMUTHU AGED ABOUT 32 YEARS
Location: HIGH WOKRING AS SOCIAL WORKER
COURT OF RESIDING AT NO.99
KARNATAKA
RAJIV GANDHI NAGAR STREET
BEHIND NITHYANANDA HIGH SCHOOL
JIGANI, ANEKAL TALUK
BANGALORE - 560 105
MOBILE NO.7996634282.
...PETITIONER
(BY SRI VISWANATHA, ADVOCATE)
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WP No. 8315 of 2025
AND:
1. THE CHIEF ELECTORAL OFFICER
NIRVACHANA NILAYA
MAHARANI'S COLLEGE CIRCLE
SHESHADRI ROAD
BENGALURU - 560 001
2. THE STATE ELECTION COMMISSIONER
KARNATAKA STATE ELECTION COMMISSION
NO.16, 2ND AND 3RD FLOOR
BALLARI ROAD
SADASHIVANAGARA
BENGALURU - 560 080.
RESPONDENTS No.1 AND 2
REPRESENTED BY THE LEARNED HCGP.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA AND UNDER RULE 14 (2) OF THE HIGH
COURT OF KARNATAKA (PRACTICE AND PROCEDURE FOR
PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER
OR DIRECTION TO RESPONDENTS No.1 AND 2 FOR CONDUCTING
AUTHENTIC AND TRANSPARENT DOOR-TO-DOOR VERIFICATION
OF THE VOTER I.D.s/I-CARDS AND REVALUATION OF RESULTING
VOTER LIST BY DELETING ALL DUPLICATE/ FAKE VOTER I.D.s/I-
CARDS AND ENSURING THAT VOTERS ARE NOT SHUFFLED IN
ANY OTHER WARDS AND VOTERS ARE VOTING IN AND FOR THE
WARD WHEREIN VOTERS ARE RESIDING, WITH REGARDS TO ALL
23 WARDS IN JIGANI PURASABHA/ TOWN MUNICIPALITY & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 8315 of 2025
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioner herein claims to be a registered association in the name of Ideal Democratic Empowerment Association to further claim that it is engaged in spreading the political awareness. The details of the petitioner given in the pleadings indicate that the first office bearer of the petitioner-Association is an advocate by profession.
2. The respondents herein are the Chief Electoral Officer and the State Election Commissioner. The prayers are sought against the respondents for conducting door-to-door verification of the voter identity cards and re-evaluation of the voters' list by deleting the duplicate voters.
3. The petitioner wants the respondents to draft methodologies which may be adopted for ensuring authentic, transparent and full proof deletion of duplicate and fake voters' identity cards. -4-
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4. Learned advocate Mr. Viswanatha for the petitioner highlighted the case put forward by the petitioner from paragraph 4 of the petition stating that voting rights are given in the list of voters published by the respondents to those persons who are totally unknown persons and that, their identity is not supported by any proof including the Aadhaar card. It is alleged that many double voters having multiple voter identity are included in the list. It is alleged that these voters vote for money in the election. 4.1 It is contended that it cannot be expected that every Indian voter would volunteer to link their Aadhaar card with voter identity cards. It is stated that only educated people and citizens can link their Aadhaar card to voter ID card. Therefore, the process of preparation of list of voters is not full proof and has many loopholes.
4.2 It is an admitted position that the list of voters have been revised by the respondent-authorities and the Final Electoral Roll-2025 has been published on 06.01.2025. The petitioner states that it did not show any improvement from the draft electoral roll and that the survey was not undertaken to eliminate the bogus voters.
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5. At the outset, it is to be noticed that the petitioner had already made a representation/appeal dated 01.06.2024 in relation to the grievance sought to be agitated in this petition. In the said appeal, it was submitted to the election authorities-respondents herein that there were loopholes and the electoral reforms in the municipal elections were needed specially in relation to proper preparation of the list of voters. This appeal was considered by the State Election Commission, Karnataka and the endorsement dated 14.06.2024 was issued. The same figures on record of the petition. The appeal of the petitioner was thus examined on merits by the Election Commission in relation to the subject matter. 5.1 It is stated that the Election Laws (Amendment) Bill, 2021 requires that the election voter ID cards cannot be refused just because of non-provision of the Aadhaar card and that, action has been taken to that effect. It is further stated that as regards the other aspects, the State Election Commission adopts and uses the data available from the Central Election Commission to prepare the list of voters. It is after this decision of the State Election Commission communicated to the petitioner, the petitioner has -6- NC: 2025:KHC:14113-DB WP No. 8315 of 2025 sought to invoke the jurisdiction of this court filing this petition as in public interest litigation.
5.2 The process of preparation of electoral roll in any election is a continuous process. The list of voters for an election, whether it be a Parliamentary elections, elections to the legislative bodies or elections to the bodies of the local self-government, are prepared in accordance with the statutory provisions contained in the relevant statutes. The mechanism is provided for preparation of electoral rolls in each of such statutes which is followed by the election conducting authorities. In such statutory mechanism, there would be provision whereby objection could be lodged to the draft list of voters. Therefore, it results into preparation of the final list of voters.
6. The petitioner has remedy to ventilate its grievance by pointing out the loopholes, if any, in the electoral rolls when the future revision of electoral roll takes place. As stated above, preparation of list of voters is a continuous process to be undertaken by the election commission. The prayers in this petition cannot be granted.
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7. The present public interest petition is not well conceived, It is accordingly dismissed.
In view of dismissal of the petition, the interlocutory application would not survive and it stands accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 9