Dismissed

The News India Voters Forum v. the Chief Election Commissioner of India

Karnataka HC5 Nov 2020WP/12248/2020

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the Election Commission of India's decision to postpone the vote counting date for Karnataka ML Council elections from November 2 to November 10, 2020. Holding no prejudice to unrepresented candidates, the Court refused interference.

What did the court decide?

The writ petition was disposed of without interfering with the decision to postpone the election schedule.

The News India Voters Forum Vs the Chief Election… — Election Law | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF NOVEMBER, 2020

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO.12248 OF 2020 (GM-RES) PIL

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BETWEEN:

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THE NEWS INDIA VOTERS FORUM NO.2, SILVER JUBILEE BUILDING POST OFFICE ROAD K.R.CIRCLE BENGALURU – 560 001 REP BY ITS PRESIDENT

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... PETITIONER

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(BY SRI D.R.RAVISHANKAR, ADVOCATE)

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AND:

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THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHANA NILAYA

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MAHARANI’S COLLEGE CIRCLE

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SHESHADRI ROAD

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BENGALURU – 560 001

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THE STATE ELECTION COMMISSION NIRVACHANA NILAYA

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SHESHADRI ROAD

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BENGALURU – 560 001

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REP BY ITS COMMISSIONER

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THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY

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VIDHANA SOUDHA

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BENGALURU – 560 001

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THE RETURNING OFFICER AND REGIONAL COMMISSIONER

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BENGALURU TEACHERS CONSTITUENCY

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BENGALURU DIVISION B.M.T.C. BUILDING SHANTHINAGARA BENGALURU – 560 027

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... RESPONDENTS

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(SRI S.R.DODAWAD, ADVOCATE FOR RESPONDENT NOS.1 AND 2 SRI VIJAYAKUMAR A. PATIL, AGA FOR RESPONDENT NOS.3 AND 4)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE NOTIFICATION DATED 31.10.2020 ISSUED BY THE 1^ST RESPONDENT VIDE ANNEXURE-B AND ETC.

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the petitioner.

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This petition concerns the elections for election of the

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Members of Legislative Council for representing 2 constituencies of teachers and 2 constituencies of graduates. It is pointed out that initially, the Election Commission of India (the first respondent) had declared a schedule which provided that the counting of votes will take place on 2^nd November 2020 and the election will be completed before 5^th November 2020. The challenge in the petition is the communication issued by the first respondent on 31^st October 2020 by which the first respondent rescheduled the date of counting of votes and the date of completion of the elections. As per the revised

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schedule, the counting of votes will take place on 10^th November 2020 and the elections will be completed before 13^th November 2020.

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The second challenge is based on the averments made in paragraph 9 to the petition which expresses a concern about the security arrangements at the places at which ballot boxes are kept.

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As far as the grievance made in paragraph 9 is concerned, the Joint Chief Electoral Officer on behalf of the first respondent has filed 2 affidavits. On a conjoint reading of both the affidavits, the stand taken on oath is that all the security arrangements have been made as suggested by the Deputy Commissioner of Police, Central Division by his letter dated 4^th November 2020. There is no reason to dispute the correctness of the statements on own.

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Now coming to the challenge to the postponement of the date of counting, the submission of the learned counsel appearing for the petitioner is that under Section 30 of the Representation of the People Act, 1951 (for short “the said Act of 1951”), the Election Commission of India has power to declare the date before which the election shall be completed.

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However, as far as the time and place of counting of votes is concerned, Rule 51 of the Conduct of Elections Rules, 1961 (for short “the said Rules of 1961”) provides that it is a prerogative of the Election Officer. It is submitted that the said Rules of 1961 regulate the powers of the Election Commission of India as provided in Article 327 of the Constitution of India. He submitted that in any case, no reasons have been assigned by the first respondent for the postponement of counting.

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As far as the aforesaid contention is concerned, firstly, it must be noted here that as per Article 324 of the Constitution of India, the superintendence, direction and control of the elections to the Legislature of every State vests in the Election Commission of India. In any case, under Section 30 of the said Act of 1951, it is the power of the Election Commission to decide when the process of the election should be completed.

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As per the earlier schedule, the counting was to take place on 2^nd November 2020 and now, as per the impugned communication, the counting will take place on 10^th November 2020. No prejudice is shown to any candidate as a result of the postponement of date of counting. The present petition is not filed by any candidate. Therefore, in our view this is not a

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fit case where the Writ Court while exercising jurisdiction under Article 226 of the Constitution of India should interfere with the decision of the Election Commission of India of postponing the date of counting by a period of eight days.

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We accept the statements on oath recorded in both the affidavits filed by the Joint Chief Electoral Officer on behalf of the first respondent.

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Subject to what is observed above, the petition is disposed of.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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AHB

The News India Voters Forum v. the Chief Election Commissioner of India

Case brief

What is this about?

What did the court decide?

The News India Voters Forum v. the Chief Election Commissioner of India

Case brief

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