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SUPREME COURT OF INDIA
DIPAK MISRA, CJI., A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
Prakash Joshi – Petitioner
Versus
Election Commission of India – Respondent
Writ Petition (Civil) No. 983 of 2017
Decided On : 30-10-2017
Election Commission of India - Disciplinary Proceedings - Court directs Election Commission not to post any officer with pending disciplinary proceedings in key positions, rejects installation of CCTV cameras inside polling booths for monitoring and displaying votes outside
Fact of the Case:
The court heard submissions from the Attorney General and counsel for the Election Commission of India regarding the implementation of various prayers related to the conduct of elections.
Finding of the Court:
The court directed the Election Commission not to post any officer with pending disciplinary proceedings in key positions, and rejected the installation of CCTV cameras inside polling booths for monitoring and displaying votes outside. The writ petition was disposed of.
Issues: Prayers related to the conduct of elections, including implementation of guidelines and installation of CCTV cameras inside polling booths.
Ratio Decidendi: The court exercised discretion in not entering the arena of implementing guidelines and left it to the Election Commission. It found the installation of CCTV cameras inside polling booths impermissible.
Final Decision: The court directed the Election Commission not to post any officer with pending disciplinary proceedings in key positions and rejected the installation of CCTV cameras inside polling booths. The writ petition was disposed of.
ORDER :
1. Mr. K.K. Venugopal, learned Attorney General submits that as far as Prayer (a) is concerned, the Election Commission of India has already implemented the same. The situation is accorded to by Mr. Amit Sharma, learned counsel for the Election Commission of India. As far as Prayer (b) is concerned, it is urged by Mr. K.K. Venugopal that guidelines have already been brought by the Election Commission of India. The same is disputed by Mr. Kapil Sibal and Mr. Vivek Tankha, learned senior counsel appearing for the petitioner. We leave it to the discretion of the Election Commission of India, as we are not inclined to enter into the said arena. As far as Prayer (c) is concerned, it is submitted by Mr. K.K. Venugopal that the Election Commission of India has issued appropriate guidelines, and this Court may say that no officer/official against whom disciplinary proceedings have been initiated shall be posted in any key positions.
2. Having heard Mr. K.K. Venugopal, we direct that the Election Commission of India shall not post any officer/official against whom the disciplinary proceedings has been initiated in any key position in any district.
3. As far as prayer (d) concerning installation of CCTV cameras inside the polling booth to watch the mobility of persons inside the polling booth and display of such videograph alongwith the number of votes poll outside the polling booth on a display board is concerned, we are of the considered opinion that the same is not permissible and accordingly, the said prayer stands rejected.
4. The writ petition is accordingly disposed of.
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