IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 10238 of 2009(S) -------------------------- PETITIONER(S): --------------- P.K.PRASAD, S/O.KRISHNAN NAMBIAR. AGED 57 YEARS, RETIRED H.S.S.TEACHER, ASHOKAMADAM, MUZHAKKUNNU P.O., THALASSERI TALUK, KANNUR DISTRICT. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): --------------- 1. CHIEF ELECTION COMMISSIONER, GOVERNMENT OF INDIA, NIRVACHAN BHAVAN, NEW DELHI. 2. STATE ELECTION COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. UNION OF INDIA, REP. BY SECRETARY, HOME DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R1 & R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 GOVT.PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.10238 of 2009 -------------------------------------------------- Dated this the 21st day of May, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayers:- (i) issue a writ of mandamus or such other writ or direction commanding the respondents 1 and 2 to obtain left hand thump impression of each and every person appearing in the polling station to vote, against the name of the respective voter before issuing ballot papers or before allowing to proceed to the electronic ballot machine to cast vote. (ii) issue a writ of mandamus or such other writ or direction to make available the thump impression obtained at the polling station for comparison with the left thump impression of the real voters in case of dispute regarding the validity of vote in any election case. As rightly pointed out by the learned Standing Counsel for the Election Commission, the Conduct of Election Rules, 1961 have been framed by the Union of India. Hence on any W.P(C)No.10238 of 2009 -:2:- modification/amendment of the said Rule, the Union of India has to apply its mind. Therefore, it is for the petitioner in public interest to approach the 3rd respondent. It is also brought to our notice that there are advanced technologies like bio-matrix, which is easier, cheaper and foolproof. The petitioner may point out the same also before the 3rd respondent. In the event of the 3rd respondent is thus approached, the matter will be considered by the 3rd respondent expeditiously. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.10238 of 2009 ---------------------------- JUDGMENT 21st May, 2009