Case: KAMAL NATH Vs. ELECTION COMMISSION OF INDIA

5. The main reason for which the petitioner is seeking direction to the respondents to publish voter list in text format and supply the same is that it is necessitated to ensure that the voter list isproperly and fairly drawn, which includes all the eligible voters on the one hand and also excludes the duplicate, fake or incorrect voters.It is stated by the petitioner that he along with senior leaders from the State of Madhya Pradesh submitted a detailed representation on June 03, 2018 highlighting various duplicate, repeat, multiple, illegal, invalid and false entries/voters in the electoral rolls of Madhya Pradesh for Assembly Elections, 2018 and the ECI was requested to address the same. As per the petitioner, there is an increase by 40% in numbers of voterss population numbers of electors in the State of Madhya Pradesh since the last Assembly Election, i.e. in the last five years. It is contended that if voters/electors with birth year 19912001 will attain age of 18 years betweent can be reasonably expected that new voters added in the years 20082018 would be similar to the increase in population i.e. 1,18,18,290.However, it is shocking and alarming to see that increase in total number of voters i.e. 1,45,13,404 (more than 40% increase) in the corresponding increase in population duringTherefore, this additional increase over and above the population increase i.e. 26.95 lakhs of votes in the State of Madhya Pradesh seems inconceivable and incalculable. 6. The petitioner, accordingly, made representations to the ECI to take appropriate action to rectify the mistakes. The ECI sent letter dated July 16, 2018 to the All India Congress Committee (AICC), inter alia, stating that the allegations made in the representation dated June 03, 2018 preferred by the petitioner are not substantiated. At the same time, the ECI had also admitted, to the following effect, that there were some duplicate and fake entries in the voterINTRA AC – 9664 were found in the repeated entry(b) INTER AC – 8278 cases were found in the repeated entry(c) Photo Entries – 2,37,234 photo entries found to be suspicious/unclear/blank

Reasoning: 5. The main reason for which the petitioner is seeking direction to the respondents to publish voter list in text format and supply the same is that it is necessitated to ensure that the voter list isproperly and fairly drawn, which includes all the eligible voters on the one hand and also excludes the duplicate, fake or incorrect voters.It is stated by the petitioner that he along with senior leaders from the State of Madhya Pradesh submitted a detailed representation on June 03, 2018 highlighting various duplicate, repeat, multiple, illegal, invalid and false entries/voters in the electoral rolls of Madhya Pradesh for Assembly Elections, 2018 and the ECI was requested to address the same. As per the petitioner, there is an increase by 40% in numbers of voterss population numbers of electors in the State of Madhya Pradesh since the last Assembly Election, i.e. in the last five years. It is contended that if voters/electors with birth year 19912001 will attain age of 18 years betweent can be reasonably expected that new voters added in the years 20082018 would be similar to the increase in population i.e. 1,18,18,290.However, it is shocking and alarming to see that increase in total number of voters i.e. 1,45,13,404 (more than 40% increase) in the corresponding increase in population during, this additional increase over and above the population increase i.e. 26.95 lakhs of votes in the State of Madhya Pradesh seems inconceivable and incalculable.On the basis of the aforesaid averments, Mr. Vikas Singh argued that the ECI itself does the exercise ofwhich was informed to the political parties also in the meeting which was conducted by it. He also submitted with vehemence that representation dated June 03, 2018 of the petitioner was replied on June 08, 2018 wherein it was clearly stated that corrections had already been carried out. According to him, these corrections took place on May 25, 2018 itself, i.e. even before the representation dated June 03, 2018 was submitted by the petitioner. It was duly communicated on June 08, 2018. Thereafter, draft voter list was published on July 31, 2018 wherein all the concerns have already been taken care of. Highlighting the issue of privacy of voters, it was argued by Mr. Vikas Singh that in case voter list is supplied in text form, it will enable data mining of various nature. For this reason, there was ainto the matter and the ECI had decided to provide the list in image form. It was submitted that Clause 11.2.2.2 of Chapter XI of Election Manual 2016, on which reliance was placed, does not require supply of draft voter list in searchable text mode. In any case, it was only an administrative manual and had no statutory force. This can always be suitably amended by the ECI havingregard to the exigencies. Therefore, there was a conscious decision in the form of instructions dated January 4, 2018 to supplyIt can be discerned that the real issue is whether voter list is to be supplied to the political parties in text mode; albeit in PDF form.Therefore, our discussion concentrates on this issue.15. There is no doubt about the bona fides of the ECI. It is a matter of record that in the lastyears, ECI has built up the reputation of an impartial body which strives to hold fair elections. It is a Constitutional Authority and has been discharging its functions quite satisfactorily. People of this country, by and large, trust this institution for its impartial manner of discharging its functions. That is absolutely essential as well in a democratic polity where ‘We, theelect the representatives to the legislative assemblies of the State as well as Parliament at the Centre. It is the will of the people which should be truly translated into reality. In that sense, the function of ECI becomes very important and it is supposed to discharge the same with utmost integrity, impartiality and objectivity.In the process of conducting fair elections, the ECI is also supposed to ensure that only genuine voters cast their votes. It has to ensure that there are no duplicate, fake or incorrect voters in the voting list prepared by it. It has also to ensure that genuine voters are not left out. Voter list should, therefore, be genuine in all respects. It is for this reason the ECI prepares draft voter list. While doing so, it attempts to remove duplicate, repeat or fake voters. It also endeavours to include all genuine voters. Thisprocess is not only undertaken with the aid of mechanical devices, namely, computer etc. but by sending its manpower onbasis. For the same reason, namely, to ensure that voter lists are flawless, these lists are put on the website for the voters to see and those who are excluded can make grievance/representation about the same. Likewise, for the same reason, the copies of the voter lists are supplied to the political parties as well and their objections are invited. This is done to give chance to the political parties to go through these lists so that they are able to point out any errors, if any, in these lists. The ECI even holds all party meetings for this purpose where such issues are discussed.17. The ECI claims that it has taken all necessary steps in this behalf.18. It is stated by the ECI on affidavit that draft electoral roll of January 19, 2018 was rectified by ECI around May 25, 2018, whereas the first complaint of the petitioner and the political party to which he is affiliated regarding duplication/multiplication of voters is dated June 03, 2018. Thereafter, ECI gave a detailed reply to the petitioner and his political party on June 08, 2018, June 15, 2018 and July 16, 2018, pointing out that the electoral.19. In the aforesaid context, we need to examine the demand of the petitioner for supply of electoral roll in text format. This demand is based upon Clause 11.2.2.2 of the Election Manual which has already been reproduced above. This clause places an obligation on the ECI to put the draft roll on its website in PDF format. The purpose is to bring it in public domain so that each voter is able to access the same and find out whether his/her name is correctly shown and in case of any error, the said voter is in a position to get the same rectified. Likewise, in case a particular voter is missing from the list, that individual would be in a position to take up the matter with the ECI for inclusion of his/her name. A copy thereof is also given to the political parties as well, because these political parties have equal interest in ensuring that the aforesaid mistakes are removed. They can additionally check as to whether there are duplicate or fake voters also in the list and seek correction thereof. To this extent, there is no quarrel. However, the second part of the aforesaid clause mentions that draft roll would be put in a ‘textIt also states that no photograph would appear against thedetails. The entire dispute hinges upon the meaning that is to be assigned to ‘textThe argument of the petitioner is that ‘textis the one which provides searching techniques as well. For this purpose, following description of ‘full textfrom Wikipedia isext search refers to techniques for searching a singledocument or a collection in axt search is distinguished from searches based on metadata or on parts of the original texts represented in databases (suchas titles, abstracts, selected sections, or bibliographical references).In asearch, a search engine examines all of the words in every stored document as it tries to match search criteria (for example, text specified by a user).searching techniques became common in online bibliographic databases in the 1990s. Many websites and application programs (such as word processing software) providecapabilities. Some web search engines, such as AltaVista, employtechniques, while others index only a portion of the web pages examined by their indexing systems.Refutation of Mr. Vikas Singh is that ‘textin Clause 11.2.2.2 of the Election Manual relates to theof the draft electoral roll and not itsIt is argued that prescription in the aforesaid clause of the Manual requires putting the draft electoral roll in text mode which would mean that it should contain only the text of thedetails such as his name, address, age, etc. and not his/her photograph. It is explained that any PDF document generally contains two kinds of content: (i) Text and (ii) Pictures/Photographs/Pictorial Content. Anydetails would include his name, age, address, etc. (i.e. ‘the textas well as his photograph (i.e. ‘the photograph/picture/pictorial contentThus, the use of the phrase ‘textin Clause 11.2.2.2 of the Election Manual only means that the draft electoral roll put up on the Chief Electoralwebsite shall onlyof thedetails and not his/her ‘photographs/pictures/pictorialIt is also explained that every PDF document, whether it is a searchable or nonsearchable/Image PDF and which contains any text content in a ‘Textis PDF in that sense. It is further submitted that there is nothing called a ‘Textformat of a PDF document. A simple ‘Googlein that regard would also clearly and conclusively establish the same.21. We find force in the submissionI. Clause 11.2.2.2the Election Manualuses the expression ‘textThe draft electoral roll in that mode, i.e. text mode, has been supplied to the petitioner. The clause nowhere says that the draft electoral roll has to be put up on the Chief Electoralwebsite in a ‘searchableTherefore, the petitioner cannot claim, as a right, that the draft electoral roll should be placed on thewebsite in a ‘searchableIt has only to be in ‘textand it is so provided.22. The document from Wikipedia relied upon by the petitioner relates to ‘full textand not ‘textObviously, when the said document explains how ‘full textis to beundertaken, the explanation would be that it is a search engine which examines allds in every stored documents and would provide full text searching techniques as well. However, the absencein Clause 11.2.2.2the Election Manualwould make all the difference.Once we find that Clause 11.2.2.2 does not entitle the petitioner to get the draft electoral roll in the text mode which is searchable as well viz. in ‘full textform, it is for the ECI to decide about the format in which the draft electoral rollis to bepublished. ECI has given the reasons for not adhering to the requester in providing draft electoral roll in searchable PDF format. According to it, issues of privacy of voters are involved and the move of ECI is aimed at prevention of voter profiling and data mining. According to ECI, ensuring free and fair elections, to which it is committed, also necessitates that ECI is duty bound to protect the privacy and profiling of electors. Therefore, it is duty bound to take all precautionary measures. However, it is not necessary to go into this aspect.25. One we read and interpret Clause 11.2.2.2the Election Manualin the aforesaid manner, the decision taken by the ECI which is contained in its Instructions dated January 4, 2018 becomes relevant. In those Instructions, ECI has directed its field level functionaries to put only the ‘Imageof electoral roll in the public domain. We are, therefore,on that the format in which the draft electoral roll is supplied to the petitioner fulfills the requirement contained inIt may be addedthat if the petitioner so wants, he can always convert it into searchable mode which, of course, would require him to put his own efforts.Another writ petition being W.P.(C) No. 1012 of 2017was filed before this Court in October 2017 itself, with almost identical prayer. This was dismissed in limine on November 20, 2017. In the counter affidavit, ECI has also referred to similar writ petitions filed in the High Court of Gujarat, which met the same fate.