Free Bus Service Cannot Be Provided To Enable Voters To Reach Polling Booth: Karnataka High Court

The Karnataka High Court on Thursday disposed of a public interest litigation filed seeking directions to the Chief Electoral Officer officer to provide free bus services to transport voters on polling dates to enable them to vote.

A vacation bench of Justice R Devdas and Justice J M Khazi said,

“If such directions are issued either by the state government or head of the public transport department it would violate express provisions contained in the statute, allegations can also be made against the political party which is running the government that such directions would run counter to express provisions. The Chief Election Commissioner is not empowered to issue such directions either to the state government or the heads of the Public Transport Corporation.”

Petitioner Syed Khalil Ulla Hussaini had also sought a direction to increase the number of polling booths which are fixed at 160 to 250 for the election to the post of Member of Legislative Council, in the North East Graduate constituency, 2024.

The bench referred to the statement of objections filed by the Chief Election Commission wherein it was said that in regard to the first prayer permitting free buses to ply on the date of polling that such powers cannot be exercised by Election Commission.

Relying on section 123 (5) of the Representation of Peoples Act, it was submitted that neither the candidate nor the state government or the public transport corporation can make such provisions since it would go contrary to the express provisions.

In so far as the second prayer regarding enhancing of polling booths, it was said that polling stations which earlier were fixed at 160 have been enhanced to 195, having regard to number of voters and information obtained from respective Deputy Commissioners.

Following which the court said “This court is of the considered opinion that two prayers made by the petitioner having regard to representation given by him have been answered by the respondent in the statement of objections. In fact an endorsement dated 19-03-2024 has been issued by the Regional Commissioner (Kalburagi subdivision) bringing to his notice the prayer made by the petitioner and the arrangements made by the Chief Election Commission for the purposes of impending elections. It is also stated that no such arrangements for plying free buses can be made either by the Chief Election Officer or any other authority, since it would be in violation of express provisions of the Act. Information regarding enhancement of polling stations is also given to the petitioner.”

Accordingly it disposed of the petition.

Appearance: Advocate Rahamathulla Kothwal for Petitioner.

Advocate Sharath Dodawad for R1, R2.

Citation No: 2024 LiveLaw (Kar) 223.

Case Title: Sayes Khalil Ulla Hussaini AND Chief Election Commission of India & Others

Case No: WP 13045/2024