IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.18383/2018 (GM-RES) PIL BETWEEN:
MITTY NARASIMHA MURTHY S/O LATE M. PRANESHA RAO AGED ABOUT 62 YEARS, ADVOCATE R/AT 307/58, 21ST CROSS, 3RD MAIN 6TH BLOCK, JAYANAGAR BANGALORE-560 070 ... PETITIONER (PARTY-IN-PERSON) AND:
1. THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASOKA ROAD NEW DELHI-110 001 REP. BY THE CHIEF ELECTION COMMISSIONER 2. THE UNION OF INDIA SHASTRY BHAVAN NEW DELHI-110 001 REP. BY THE SECRETARY MINISTRY OF LAW & JUSTICE ... RESPONDENTS (BY SHRI. C.SHASHIKANTH, ASG FOR SHRI. S.R. DODWAD, CGC FOR R1 & R2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PERMIT ALL THE CITIZENS OF INDIA FROM CASTING THEIR VOTES THROUGH E-MAIL ETC., THEREBY THEY CAN EXERCISE THEIR RIGHT OF VOTING WITHOUT FAIL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R Shri C.Shashikanth, learned Additional Solicitor General for respondent No.1-Election Commission of India submits that Rule 16 of the Conduct of Elections Rules, 1961 (‘Elections Rules’ for short), permits the voters to cast their vote only in person at the polling station as provided under Section 25 of the Representation of the People Act, 1951 (‘the Act’ for short). Adverting to Section 59 of the Act, he submits that in every election, votes shall be given by ballot in such manner as may be prescribed in the Act. Therefore, prayer made by the petitioner to permit all citizens to cast their vote through E-Mail may not be considered in view of Rule 16 of the Election Rules and Section 59 of the Act.
2. After arguing for a while, petitioner-party in person seeks liberty to withdraw this writ petition, with liberty to approach the Election Commission of India and the Central Government as may be advised.
3. In view of the said submission, this petition is dismissed as withdrawn with liberty as prayed for.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.