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Madras High CourtWP/10374/2024disposed of

F.Camilus Selva v. The Cheif Election Commission,

2024-04-18Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD F.Camilus Selva ..

Petitioner Vs.

The Chief Election Commission Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi - 110 001.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondent ECI to mandatorily cross verify the count in EVMs with votes that have been verifiably 'recorded as cast' by the voter through the VVPATs by counting all VVPAT paper slips, votes polled during the Lok Sabha / Parliamentary Elections of Tamil Nadu to be held on 19.04.2024 and during the process of counting of votes to be held on 04.06.2024. For the Petitioner : Mr.S.Xavier Felix For the Respondent : Mr.Niranjan Rajagopalan Standing Counsel

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Xavier Felix, learned counsel for the petitioner and Mr.Niranjan Rajagopalan, learned Standing Counsel for the respondent.

2. Learned counsel appearing for the petitioner submits that the present petition is filed seeking directions against the Election Commission of India to mandatorily cross verify the count of votes recorded in the Electronic Voting Machines with the votes that have been verifiably recorded as 'cast' by the voter through the Voter Verifiable Paper Audit Trials, during the Lok Sabha Parliamentary Elections of Tamil Nadu, scheduled on 19.04.2024.

3. Learned Standing Counsel submits that the Apex Court is seized with the same issue.

4. It appears that and it is also not disputed by the learned counsel appearing for the petitioner that the issue raised in the present petition is also pending consideration before the Apex Court.

5. As the Apex Court is already seized with the same issue, no purpose would be served by filing an independent petition seeking similar relief. The writ petition, as such, stands disposed of. There shall be no orders as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 18.04.2024 Index :

Yes/No :

Yes/No drm To

1. The Chief Election Commission Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi - 110 001.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 18.04.2024