KAMAL NATH Vs. ELECTION COMMISSION OF INDIA AND OTHERS
LAWS(SC)-2018-10-51
SUPREME COURT OF INDIA
Decided on October 12,2018

Kamal Nath Appellant
VERSUS
Election Commission of India and others Respondents

JUDGEMENT

A.K.Sikri, J. - (1.) Writ Petition (Civil) No. 935 of 2018 is filed by the petitioner, who is the President of the Madhya Pradesh Congress Committee, claiming the following reliefs: "(a) Issue an appropriate writ, order or direction to the Respondents to issue directions for conducting VVPAT verification at least 10% randomly selected polling stations in each assembly constituency/assembly segment to ensure free and fair elections; (b) issue an appropriate writ, order or direction to the Respondents to publish voter list in text format as per rules, and to expeditiously decide all complaints qua final publication of voter list under Rules 22(1)(c) of the Registration of Electors Rules, 1960 and to prohibit deletion of voters from the voter list without intimation to political parties; (c) issue an appropriate writ, order or direction to the Respondents to issue fresh guidelines qua VVPAT whilst considering the grounds/issues raised in the present writ petition, including but not limited to random VVPAT checks, mock polls and recounting, quality of Thermal Paper and printing, collection of Paper Trails and storage, unique identification numbers on VVPAT and paper trail collection boxes, transportation of EVMs and VVPAT before and after polls, First Level Checking (FLC) of VVPAT and posting of officials; and (d) any such further and other order/orders be passed as may be necessary and deemed fit and proper in the facts and circumstances of the case to subserve the interest of justice.
(2.) As can be seen from the aforesaid prayer clause, essentially two reliefs are prayed for. First relief is for issuance of directions for conducting Voter Verifiable Paper Audit Trail (VVPAT) verification on random basis for 10% of the votes. In the second place, direction is sought to provide to the petitioner soft copies of the draft electoral rolls published on July 31, 2018 in text format; to decide complaints pertaining to voter list expeditiously; and to prohibit deletion of voters from the voter list without intimation to the political parties.
(3.) In Writ Petition (Civil) No. 1000 of 2018, similar reliefs were pressed. However, the facts as they appear in Writ Petition (Civil) No. 935 of 2018 are taken note of.;


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