Karnataka High Court
Amruthesh N P vs The State Election Commissioner on 19 August, 2015
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST 2015
PRESENT
HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE
AND
HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WP No.35009/2015 (LB-ELE-PIL)
BETWEEN
AMRUTHESH N.P.
S/O LATE N.C. PUTTUSWAMY,
AGED 55 YEARS, ADVOCATE,
NO.28 (103), 10TH MAIN,
J.C. NAGAR, KURUBARAHALLI,
BANGALORE - 560 086. ... PETITIONER
(BY SRI D.R.RAVISHANKAR, ADVOCATE)
AND:
1. THE STATE ELECTION COMMISSION
2ND FLOOR, KSMFC LTD. BUILDING,
CUNNINGHAM ROAD,
BENGALURU-560 053.
REPRESENTED BY ITS COMMISSIONER.
2. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE, BENGALURU - 560 002.
REPRESENTED BY ITS ADMINISTRATOR.
... RESPONDENTS
(By SRI K.N.PHANINDRA, ADVOCATE FOR R.1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 &
2 TO IMPLEMENT THE INSERTION OF SEPARATE COLUMN IN THE
BALLOT PAPER VOTING MACHINE AS "NONE OF THE ABOVE "
[NOTA] IN THE FORTHCOMING BRUHAT BENGALURU
MAHANAGARA PALIKE COMMISSION AS PER THE
REPRESENTATION VIDE ANNEXURE-A DATED 17.8.2015 AND ETC.,
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THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA J, MADE THE FOLLOWING:
ORDER
Petitioner has sought a direction to the 1st and 2nd respondents to insert a special button in the Electronic Voting Machines which are to be used in the forthcoming election to Bruhat Bengaluru Mahanagara Palike ( for short 'BBMP') as "NONE OF THE ABOVE (NOTA)", so that the citizens who do not intend to cast their votes in favour of any particular candidate or express their dissatisfaction with the choice of the candidates could press that button in order to record their intention not to cast their votes in favour of any of the candidates. A direction is also sought to consider the representation made by the petitioner dated August 17, 2015 (Annexure-A) in that regard.
2. We have heard learned counsel Sri D.R.Ravishankar, appearing for the petitioner and learned standing counsel Sri K.N.Phanindra, for the 1st respondent, State Election Commission.
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3. Petitioner's counsel has brought to our notice the latest decision of the Hon'ble Supreme Court in the case of People's Union for Civil Liberties and another -versus- Union of India and another reported in 2013 (10) Supreme Court Cases 1 to contend, that the Hon'ble Supreme Court has emphasized on the concept of having a NOTA button in the Electronic Voting Machines, so as to enable the citizens to press that button in case they do not wish to cast their vote for any of the candidates of a particular constituency. But that decision of the Hon'ble Supreme Court has not been implemented in the case of ensuing election of the BBMP by the State Election Commission. He contended that the Hon'ble Supreme Court has laid down the importance of the NOTA button in the Electronic Voting Machines, particularly, having regard to the fact that the voting in India is by a secret ballot and that the intentions and feeling of the citizens are ventilated through the NOTA button when they do not cast their votes for any particular candidate and instead indicate that they do not wish to vote for anybody. Thus their dissension is also registered. He, therefore, submitted that the 1st respondent -4- ought to have implemented the directions of the Hon'ble Supreme Court in the ensuing election.
4. Learned counsel for the 1st respondent has, however, brought to our notice Rule 70-O of the Karnataka Municipal Corporations (Elections) Rules 1979, to submit that, in substance, such a provision has already been in force and any citizen, who does not wish to record his or her vote, can exercise his or her right in terms of that provision. He also emphasized the fact that the writ petition has been filed at a belated stage. Having regard to the fact that the poll is scheduled to be held on August 22, 2015, at this stage it is not possible to introduce a button for NOTA in the Electronic Voting Machines as they are being dispatched to the respective polling booths throughout the territory of BBMP. He, therefore, submitted that the writ petition may be dismissed on the ground of delay and laches.
5. Having heard learned counsel for the parties, we note that the Hon'ble Supreme Court has, no doubt, discussed the reasons for necessity of NOTA button in the Electronic Voting Machines. For reasons best known to the 1st respondent, -5- NOTA button has not been implemented, insofar as the ensuing election is concerned. But the petitioner has approached this Court at a belated stage. It is observed that the election, after a prolonged legal controversy, has, finally, been scheduled to be held on August 22, 2015. At this stage, it would be improper for this Court to intervene or interfere in the matter. Therefore, at this stage, no direction can be issued to the respondents as sought by the petitioner.
6. Writ Petition is, therefore, dismissed on the ground of delay and laches.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE mv