Kerala High Court
Twenty 20 Party vs The Election Commission Of India on 31 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 31ST DAY OF MARCH 2021/10TH CHAITHRA, 1943
WP(C).No.8672 OF 2021(H)
PETITIONER/S:
TWENTY 20 PARTY
BUILDING NO.IV/172, IKKARNADU PANCHAYAT,
KADAYIRUPPU P. O., KUNNATHUNADU TALUK,
ERNAKULAM - 682311,
REPRESENTED BY ITS GENERAL SECRETARY,
AUGUSTINE ANTONY.
BY ADVS.
SRI.BLAZE K.JOSE
SHRI.JUDY JOSE
SMT.URMILA ZACHARIA
RESPONDENT/S:
1 THE ELECTION COMMISSION OF INDIA
NIRVACHANSADHAN, ASHOKA ROAD,
NEW DELHI - 110 001.
2 CHIEF ELECTORAL OFFICER,
KERALA ELECTION DEPARTMENT, KERALA LEGISLATURE,
'JANAHITHAM' ELECTION DEPARTMENT, TC 27/6(2),
VIKASBHAVAN P. O.,
THIRUVANANTHAPURAM - 695 033.
3 THE DISTRICT COLLECTOR, ERNAKULAM
(THE DISTRICT ELECTORAL OFFICER),
CIVIL STATION, KAKKANADU, ERNAKULAM - 682030.
4 THE RETURNING OFFICER (DIVISIONAL FOREST
OFFICER)
KOTHAMANGALAM ASSEMBLY CONSTITUENCY,
KOTHAMANGALAM - 686691.
5 THE RETURNING OFFICER (ASSISTANT DIRECTOR OF
PANCHAYATH)
THRIKKAKKARA ASSEMBLY CONSTITUENCY,
CIVIL STATION, KAKKANADU, ERNAKULAM - 682030.
WP(C) No.8672/2021
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6 THE RETURNING OFFICER (JOINT REGISTRAR,
CO-OPERATIVE SOCIETIES)
VYPEEN ASSEMBLY CONSTITUENCY, CIVIL STATION,
KAKKANADU, ERNAKULAM - 682030.
BY ADV. DEEPU LAL MOHAN, SC
BY ADV. KODOTH SREEDHARAN
BY ADV. K.V.SOHAN, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.8672/2021
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JUDGMENT
~~~~~~~~~
Dated this the 31st day of March, 2021
The petitioner is a registered unrecognised political
party under Section 29A of the Representation of the People
Act, 1951. The petitioner is before this Court aggrieved by the
conduct of the respondents by which the name, photograph
and symbol of the candidates of Twenty 20 Party is not clear
and visible on the electronic voting machine in
Kothamangalam, Thrikkakkara and Vypin Assembly
Constituencies to the election scheduled to be conducted on
06.04.2021 to the Kerala Legislative Assembly.
2. The petitioner would submit that every citizen has a
valuable constitutional right to make a valid choice in the
matter of election to the Legislative Assembly, after properly
seeing and understanding the candidate, name and symbol.
WP(C) No.8672/2021
3. It is the contention of the petitioner that the
respondents have not treated all candidates with equal
importance. The petitioner therefore prayed that there be a
direction to the respondents to ensure that the name,
photograph and symbol of the candidates of Twenty 20 Party
are clear, prominent and as visible as all other candidates on
the electronic voting machine to the election to the Kerala
Legislative Assembly to be held on 06.04.2021 in the
constituencies of Kothamangalam, Thrikkakkara and Vypin.
4. The learned Standing Counsel for the 1 st
respondent stated that all efforts have been made for conduct
of free and fair election to all the Assembly Constituencies in
Kerala and any interference of this Court at this stage would
affect the free flow of electoral process. The Hon'ble Apex
Court has time and again held that the High Courts shall not
pass any orders in exercise of the powers under Article 226 of
the Constitution of India which would cause obstruction to the
free flow of electoral process.
WP(C) No.8672/2021
5. The Standing Counsel for the 2 nd respondent
submitted that in Ext.P3 photograph of electronic voting
machine, the photograph and symbol of the candidate
belonging to the petitioner-Party are clearly visible. The
sharpness of pictorial symbol may vary slightly depending
upon the symbol. The petitioner has no reason to feel
aggrieved.
6. I have heard the learned counsel for the petitioner,
learned Standing Counsel for the 1st respondent, the learned
Standing Counsel appearing for the 2 nd respondent and
learned State Attorney appearing for the 3 rd respondent.
7. I have perused the pleadings in the writ petition.
The election is scheduled to be held on 06.04.2021. Any
direction that may be given to the respondents at this stage is
likely to slow down the election process. The Ballot Papers for
postal votes are already printed and postal votes are already
polled. Materials including photographs, name and symbol of
the candidates for EVM are also in place. Therefore, there is
no question of giving any direction to the respondents to make
WP(C) No.8672/2021
any substitution at this stage.
8. However, it is important and essential that citizens,
who are to caste vote, are able to see the name, photograph
and symbol of all candidates with sufficient clarity. This is
essential for any free and fair election.
In the circumstances, the writ petition is disposed of
directing the respondents to ensure that the name,
photograph and symbol of the candidates belonging to the
petitioner-Party are sufficiently clear so that voters can make
an easy and informed choice.
Sd/-
N. NAGARESH, JUDGE
aks/31.03.2021
WP(C) No.8672/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER
NO.56/SYMBOL/LET/ECI/PP/PPS-
II/2021/VOL-VIII DATED 16.03.2021 OF
THE ELECTION COMMISSIONER OF INDIA.
EXHIBIT P2 A TRUE COPY OF THE CORRIGENDUM ORDER
NO.56/SYMBOL/LET/ECI/PP/PPS-
II/2021/VOL-III DATED 19.03.2021 OF
THE ELECTION COMMISSIONER OF INDIA.
EXHIBIT P3 A TRUE PHOTOGRAPH OF THE SAMPLE
ELECTRONIC VOTING MACHINE OF
THRIKAKKARA CONSTITUENCY.
EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED
29.03.2021 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT.
