IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6142 of 2009(S) --------------------------------------- PETITIONER(S): -------------------------- CENTRE FOR CONSUMER EDUCATION, MAIN ROAD, NEAR TOWN HALL, PALA, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING TRUSTEE, DEJO KAPPAN, KAPPAN HOUSE, EDAMATTOM P.O., PALA. BY ADVS.MR.SANTHOSH MATHEW, MR.SATHISH NINAN. RESPONDENT(S): ---------------------------- 1. THE ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI 110 001, REPRESENTED BY ITS SECRETARY. 2. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF LAW AND JUSTICE, 4TH FLOOR, A-WING, SASTRI BHAVAN, NEW DELHI 110 001. R1 BY ADV. MR.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. R2 BY MR. P.PARAMESWARAN NAIR, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C)No.6142 of 2009 ------------------------------------- Dated 25th February, 2009 JUDGMENT Koshy, Ag.C.J . This is a petition for a direction to the respondents to provide for a negative voting in the Electronic Voting Machine by providing a button for the same so that the secrecy of voting is maintained. Counsel for the first respondent produced Annexure B to show that identical matter is pending before the Hon'ble Supreme Court and the plea was sent to a large bench. In the above circumstances, there is no necessity to keep this matter pending. The Apex Court decision will govern the matter. Petitioner is free to approach the Hon'ble Supreme Court to get itself impleaded in the matter pending before the Supreme Court if it is legally entitled to. The writ petition is dismissed without prejudice. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks