Ca Raj Paul Chauhan vs Election Commission Of India
2012 Latest Caselaw 2618 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI
+                        W.P.(C) No.907 of 2012
                                     Reserved on: February 15, 2012
%                                      Pronounced on: April 20, 2012


      CA RAJ PAUL CHAUHAN                                . . . PETITIONER
                               Through:     In person.

                                VERSUS
      ELECTION COMMISSION OF INDIA
      through
      CHIEF ELECTION COMMISSION & ANR.                   . . .RESPONDENT

Through: Mr. Y.R. Sharan, Advocate for R-1.

CORAM :-

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

A.K. SIKRI (ACTING CHIEF JUSTICE)

1. In this writ petition filed by way of Public Interest Litigation, the petitioner has basically prayed for issuance of mandamus directing the respondent for giving `100 for voting to the persons who are in the category of Below Poverty Line (BPL) and an Appreciation Certificate to other voters to secure the equality and right to life as guaranteed under the Constitution. Argument proceeds on the premise that whenever Parliamentary elections or elections of Legislative Assembly take place, the voters are forced to take leave or sacrifice their work to cast their votes those who are poor persons suffer their daily earnings in the process. Therefore, to show equity to them, the respondent should pay `100 (being daily wages under MGNREGS Scheme) to BPL voters.

2. Election Commission of India and Delhi State Election Commission are impleaded are respondents against whom directions are sought.

3. There is no legal basis for seeking such a direction. Therefore, the Court cannot grant relief of this nature. It would be for the petitioner to make a representation to the Election Commissions in this behalf.

4. With the aforesaid observation, this writ petition is dismissed.

ACTING CHIEF JUSTICE

(RAJIV SAHAI ENDLAW) JUDGE APRIL 20, 2011 pmc