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Patna High CourtCWJC/7477/2017disposed

National Problem Solution Suggestion Board v. The Union Of India And ORS

2017-07-18The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7477 of 2017 ===========================================================

1. National Problem Solution Suggestion Board, Bihar State Office Post Box No. 82 Patna G.P.O. 800001 .... .... Petitioner/s

Versus

1. The Union of India through Secretary Home Department, Govt. of India.

2. The Secretary Home Department through Government of India.

3. Election Commission of India Ashoka Road, New Delhi through its Chief Election Commissioner.

4. Chief Election Commissioner, Election Commission of India Asoka Road, New Delhi.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amaresh Kumar Jha, Advocate For the Respondent/s : Mr. S.D Sanjay (ADDL. SOL. GEN.) Mjr. Anshay Bahadur Mathur, CGC =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-07-2017 Inter alia seeking a mandamus for commanding the respondents for evaluating the usefulness of the voting machine invented by the petitioner before purchasing new Electronic Voting Machines and further seeking a mandamus for cooperating in voting through E.V.M's. to make the election system more democratic and transparent, this application has been filed in public interest. Having gone through the materials available on record, we are not inclined to go into the matter as this is a policy matter as to in what manner E.V.M's. are to be purchased and what are the

Patna High Court CWJC No.7477 of 2017 dt.18-07-2017 2/2 requirements to be contained in the E.V.M's. These are policy matters to be considered by the Election Commission and we do not see any reason to give any mandamus and entertain the opinion canvassed in this writ petition which are primarily with regard to holding of election governed by the statutory provisions of the People's Representation Act, 1951 and Article 324 of the Constitution.

Accordingly, finding no ground to issue mandamus, the application is dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.7.2017 Transmission Date N/A