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KAMAL NATH vs. ELECTION COMMISSION OF INDIA AND OTHERS

SCR Citation: [2018] 12 S.C.R. 842
Year/Volume: 2018/ Volume 12
Date of Judgment: 12 October 2018
Petitioner: KAMAL NATH
Disposal Nature: Petitions Dismissed
Neutral Citation: 2018 INSC 968
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: ELECTION COMMISSION OF INDIA AND OTHERS
Case Type: WRIT PETITION (CIVIL) /935/2018
Order/Judgment: Judgment
1. Headnote

Election laws: Election Manual 2016 – Chapter XI – Clause11.2.2.2 – Putting draft roll on website – Petitioner seekingpublishing/providing of soft copies of draft electoral rolls to politicalparties in text format-searchable PDF format – Held: Clause11.2.2.2 of the Election Manual uses the expression ‘text mode’ –Draft electoral roll in the text mode, supplied to the petitioner fulfillsthe requirement contained in the Election Manual – Clause nowheresays that the draft electoral roll has to be put up on the Chief ElectoralOfficer’s website in a ‘searchable PDF’ – Therefore, the petitionercannot claim, as a right, that the draft electoral roll should be placedon the website in a ‘searchable mode’ – Furthermore, since Clause11.2.2.2 does not entitle the petitioner to get the draft electoral rollin the text mode which is searchable as well viz. in ‘full text search’form, it is for the ECI to decide about the format in which the draftelectoral roll is to be published – Issues of privacy of voters areinvolved and the move of ECI is aimed at prevention of voter profilingand data mining.

2. Case referred
3. Act
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4. Keyword
  • Election laws
5. Equivalent citation
    Citation(s) 2019 AIR 336 = 2019 (2) SCC 260 = 2019 (2) Suppl. SCC 260 = 2018 (11) JT 288 = 2018 (11) Suppl. JT 288 = 2018 (13) SCALE 822