Madhya Pradesh High Court
Dr. Mumtaj Ahmed Khan vs Election Commission Of India on 23 April, 2024
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 23 rd OF APRIL, 2024
WRIT PETITION No. 9656 of 2024
BETWEEN:-
DR. MUMTAJ AHMED KHAN S/O LATE HAKIM KHAN,
AGED ABOUT 64 YEARS, OCCUPATION: PROFESSOR IN
FOOD SCIENCE AND TECHNOLOGY JAWAHAR LAL
NEHRU KRISHI VISHWA VIDYALAYA JABALPUR R/O
630/28 RAMNAGAR ADHARTAL JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AJAY SHANKAR RAIZADA - ADVOCATE)
AND
1. ELECTION COMMISSION OF INDIA CHIEF
ELECTION COMMISSIONER/ELECTION
COMMISSIONER OF INDIA NIRVACHAN SADAN
ASHOKA ROAD NEW DELHI (DELHI)
2. CHIEF ELECTION OFFICER BHOPAL (MADHYA
PRADESH)
3. JILA NIRVACHAN ADHIKARI (COLLECTOR)
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI BHARAT SINGH - ADDITIONAL ADVOCATE GENERAL WITH SHRI
SIDDHARTH SETH - ADVOCATE FOR RESPONDENT NO.1 )
This petition coming on for admission this day, Hon'ble Shri Justice
Vishal Mishra, passed the following:
ORDER
Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 5/1/2024 8:11:03 PM 2 The present petition has been filed seeking the following reliefs :-
"11.1 To direct respondent to decide representation dated 27.03.2024.
11.2. To pass any writ/order/ or direction in the given or changed circumstances of the case in the interest of justice."
2. This petition has been filed in the form of public interest litigation asking for mandamus to be issued in general making the voting compulsory. The petitioner has tried to make out a case with the aid of Section 135(B) of the Representation of People Act pointing out that the Government employees are being given paid holidays on the day of voting. Several countries have also adopted the procedure of compulsory voting. It is the duty cast upon the eligible candidate who is having a right to vote and should abide by the duties assigned to him. Right to vote being a fundamental right, the citizens should always be eager to cast vote but unfortunately people are not coming up for casting their vote and the vote percentage is not upto the mark in every election. It is further pointed out that with the introduction of NOTA in the election there can be no justification for not casting the vote. If a citizen does not like all the candidates then he can press the button of NOTA.
3. Right to vote is a fundamental right enshrined and granted by the Constitution of India but can a mandamus be issued directing the citizens to compulsorily cast vote? The petitioner has submitted a representation to the Chief Election Commissioner on 27.03.2024 and immediately filed the writ petition before this Court without even awaiting for the reply and not giving them a breathing time to dwell upon the representation submitted by him. Once the representation is filed by the petitioner and is pending consideration with the authorities and without giving sufficient time to consider his representation, no relief can be extended to the petitioner as the petition appears to be pre-mature.
Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 5/1/2024 8:11:03 PM 3Even otherwise, the Constitution of India also provides right to freedom of speech, expression to the citizens of the country. They cannot be compelled to cast their votes. May be it is their fundamental right which they could have exercised but for this, mandamus cannot be issued. It is the own wisdom of the citizens to cast their votes or not and they cannot be compelled to do the same. Under these circumstances, no relief can be extended to the petitioner.
4. The petition sans merit and is accordingly dismissed. No order as to costs. He is always at liberty to pursue his representation.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 5/1/2024
8:11:03 PM