IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34784 of 2014 Between:
Srinivas Macherla, S/o. Krishna Rao Macherla, Aged about 50 years, Occupation Business, R/o. 94, A.P. Test Book Colony, Manovikas Nagar Kharkana, Secunderabad – 09.
.. Petitioner AND Union of India, Ministry of Defense, New Delhi, Rep. by its Secretary & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34784 of 2014 ORDER:
The petitioner claims to be a resident of Plot No.94 of A.P. Text Book Colony, Sikh Village, Cantonment, Secunderabad, and is a registered voter. According to the petitioner, the term of elected members of the Secunderabad Cantonment Board expired in June, 2013, and the extended period of one year also expired by 01.06.2014. Consequently, elections to the Secunderabad Cantonment Board are required to be held. Apprehending that the election process would commence, but the electoral rolls prepared by the Cantonment Board are faulty on various grounds such as bogus claims, duplicity of names, difficulty of identifying the persons, the petitioner prays this Court to issue appropriate directions to the respondents to immediately take steps to draw voters list of the Cantonment area by incorporating Photo Identity of the residents. This would avoid false claims as voter and ensures smooth conduct of elections to the Cantonment Board. Contending that no further action is taken pursuant to said resolution, this writ petition is instituted.
2. In support of his prayer in the writ petition, the petitioner placed reliance on resolution passed in the Special Board Meeting of the Secunderabad Cantonment Board on 14.08.2014.
3. Heard Sri B. Narasimha Sarma, learned counsel for the petitioner and Sri Y.V. Ravi Prasad, learned Senior Counsel for the Secunderabad Cantonment Board.
4. Learned counsel for the petitioner Sri B. Narasimha Sarma, contends that it is in the interest of purity of elections to local bodies that there must be a photo identity so that fictitious claims are not made by persons who are not actual voters to boost the claims of a candidate participating in the elections. He further contends that bogus claims in the electoral rolls would not reflect the opinion of the voters. He, therefore, submits that it is necessary to have proper identity of the voter and a photo identity is the best means of identifying the person. The same is now introduced and made part of the electoral rolls for the general elections conducted by the Election Commission of India.
5. He further contends that having realized that photo identity is required, a resolution is passed, but no efforts are made to implement the same without any justification.
6. Counter affidavit is filed. Sri Y.V. Ravi Prasad, learned Senior Counsel submits that though the resolution was passed, but on legal advice, it was realized that the Board cannot take a decision to go for revision of electoral rolls/preparation of voters list with photo identity since the system of preparation of voters list and conducting elections to the Cantonment Board are governed by the statutory rules notified by the Government of India in SRO-5(E), dated 21.08.2007, entitled Cantonment Electoral Rules, 2007 (for short, ‘the rules’). Therefore, the resolution can have no impact for undertaking the exercise unless the rules are amended and such power to amend the rules vests only in the Central Government.
7. He further submits that the process of election is already set in motion and, therefore, at this stage no action can be taken, even to request the Central Government to make necessary changes. It is further case that there are approximately 60 Cantonment Boards in the country. The central Government has to take a decision to introduce photo identity to voters in all Cantonments and in isolation, such a system cannot be extended to one cantonment and, it is in the realm of a policy decision to be taken by the Central Government and then necessary amendments to be carried out to the rules before resorting to the insistence of voter identification by way of photo and incorporating the photo identity in the electoral rolls.
8. The resolution reads as under:
“Resolution: Considered and discussed the matter in detail. It was unanimously agreed that the Board must introduce the photo voter identity cards as this will address the issue of electoral mal practices. The proposal is approved and resolved that a case shall be forwarded to PDDE, Southern Command Pune for obtaining their concurrence. The Board further discussed that the Electronic Voting Machines should be used in the next elections to Cantonment Board as the practice of using ballot papers is not suitable keeping in view the large number of electors in Secunderabad Cantonment. This should also be included in the proposal to be forwarded.”
9. The claim of the petitioner and the submissions made by the learned counsel for the petitioner are highly appreciated. However, having regard to the peculiar facts of this case, no relief can be granted as sought by the petitioner at this stage. As submitted by the learned Senior Counsel for the respondent Board, the process of conducting elections to the Cantonment Board are already set in motion on account of notification issued in the daily newspapers on 17.11.2014. Thus, as the election process is already set in motion, at this stage the Court cannot interject the election process. Any direction to incorporate identity of the voters into the electoral rolls by placing the photographs would amount to redrawing the electoral list which is a cumbersome exercise and cannot be undertaken at this stage having regard to election time line. Further more, as contended by the learned Senior Counsel, prima facie, the rules do not envisage the incorporation of photographs in the electoral rolls. The Form- 1A only require the person’s personal details to enroll as a voter and do not envisage any other identity including photographs. The Rules mandate submission of application only in accordance with said form. Therefore, prima facie, it is necessary to amend the relevant provisions before electoral rolls can be revised. More over, it is a policy decision which the Central Government has to take to introduce photo identity, and if decided to introduce, at what stage and in what manner. Therefore, at this stage, in the peculiar facts of this case, relief sought by the petitioner cannot be granted.
10. The Writ Petition is, accordingly, dismissed. However, having regard to the fact that Telangana State President of a leading political party has already represented to the Central Government on 04.11.2014, notwithstanding the dismissal of the writ petition, it is open to the petitioner to pursue the said issue with the Central Government. There shall be no order as to costs. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO, J Date: 2nd December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34784 of 2014 Date: 2nd December, 2014 KL