Documents Relating To Elections Contain Paper Trail To Voting In EVMs; Can't Be Given To Any Person In Absence Of Election Petition: Madras High Court

A division bench of Chief Justice Sanjib Banerjee and Senthilkumar Ramamoorthy observed that Election Commission may be in possession of diverse documents, including the paper trail relating to voting in the electronic voting machines. However, these documents are not required to be uploaded or even made available to any person, unless there is a challenge to the election in accordance with the procedure established therefor.

"There has to be an element of reasonableness exercised in every endeavour and the matter of practical difficulties must also be appreciated… A general kite-flying exercise to obtain such details cannot be permitted without an election petition being brought. It is needless to say that a person has to have the requisite locus to institute an election petition and all and sundry may not question an election unless such person is a defeated candidate," the Bench observed.

The Petitioner had complained of non-availability of all documents pertaining to the recently concluded State Assembly elections, on the Commission's website. He particularly sought the following documents to be uploaded:

· Form 7A - List of Contesting Candidates

· Form A and Form B - submitted by the contested, rejected and withdrawn sponsored candidates of the Recognised National and State Political Parties

· Form-21.C - Declaration of the Result of Election

· Form 21 E - return of Election Certificate of all the constituencies

He stated that the information should be made available well before 15.7.2017, the last date of filing the Election Petition in Tamil Nadu within stipulated time.

The Election Commission filed an affidavit before the Court indicating that already several documents have been uploaded for general information on the Commission's website, while there are other documents available with the EC, from which extracts may be supplied upon any person applying for the certified copies. The affidavit also stated that such other documents are open to inspection and that the entire material cannot be opened up to any bystander or passerby to obtain copies unless such person was a candidate at the election relating to that constituency.

Agreeing with this proposition, the Court said,

"It will be open to the petitioner to make do with the copies of the material available on the Election Commission's website and such other material that the rules governing the Election Commission permit the Election Commission to issue certified copies thereof."

The Court also requested the Election Commission to ensure that if certified copies of any documents are sought and open to the petitioner to obtain the same, the same be issued as expeditiously as possible upon payment of the due charges.

Case Title: B. Ramkumar Adityan v. Chief Election Commissioner

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