K.R.Kukesh B.A v. The Election Commission Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.13764 of 2026 and WMP N o .15034 of K.R.Kukesh S/o.Karthikeyan, Door No.113/26, 2nd Floor, S-4, Paris Ganga Apartments, Gangaiyamman Koil Street, Vadapalani, Chennai - 600 026.

Petitioner(s) Vs

1. The Election Commission of India Rep by its Secretary, Nirvachan Sadan, Ashoka Road, New Delhi- 110 001.

2. The Chief Electoral Officer Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent

to implement the SMS Confirmation for casting vote in the elections to the State Assembly and Parliament.

For Petitioner(s):

Mr.S.Vedhavel For Respondent(s):

Mr.Niranjan Rajagopalan

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition, styled as public interest litigation, is filed seeking issuance of a direction to the first respondent to implement the SMS Confirmation for casting vote in the elections to the State Assembly and Parliament.

2. The case of the petitioner is that he proposed a vote confirmation SMS system, whereby an instant message would be sent to the voter's registered mobile number immediately after casting vote and such a system would help detect impersonation, prevent bogus voting and enhance confidence in the electoral process. In this regard, the petitioner has sent representations dated 18.3.2024 and 23.1.2025 to the authorities concerned. As

the said representations did not evoke any response, the present writ petition is filed.

3. In effect, the plea of the petitioner is to take a policy decision in a particular manner so as to enable the authorities to send SMS to votes on casting their votes.

4. It is not in dispute that the election process for 2026 Elections has already commenced with the issuance of election notification. Therefore, invocation of judicial remedy to direct the authorities to include a new procedure of sending SMS to voters on casting of vote would certainly be interrupting or protracting the existing election proceedings.

5. That apart, it is well settled that the High Court cannot issue a direction to the authorities to form or implement a new policy and it is for the authorities to analyze the same on its own merits in accordance with law.

6. We are, therefore, not inclined to entertain the writ petition at this stage, when the election process has already commenced.

7. For the foregoing reasons, the writ petition is dismissed. There shall be no order as to costs. Consequently, interim application stands closed.

We make it clear that we have not expressed any opinion on the merits of the representations sent by the petitioner. It is for the Election Commission to consider the same on its own merits, if so advised, for future elections.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 10.04.2026 Index :

Yes/No :

Yes/No sasi To:

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

2. The Chief Electoral Officer Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi) WP No.13764 of 2026 10.04.2026