Nethrodaya v. The Chief Electoral Officer And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Nethrodaya Rep. by its Founder Managing Trustee C. Govindakrishnan 47/1, Nolambur Phase II Mogappair West, Chennai-600037 Tamil Nadu, India.

Petitioner(s) Vs

1. The Chief Electoral Officer and Principal Secretary to Government, Tamil Nadu, Secretariat Chennai-600009.

2. The Election Commission of India, Rep. by its Chief Election Commissioner Nirvachan Sadan, Ashoka Road New Delhi-110001.

3. State of Tamil Nadu Rep. by its Chief Secretary Secretariat Chennai-600009.

4. Union of India Rep. by its Secretary Dept of Empowerment of Persons with Disabilities Ministry of Social Justice and Empowerment New Delhi.

Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first and second respondents to introduce audio enabled VVPAT System in all the polling stations for the forthcoming General Election to the Legislative Assembly of State of Tamil Nadu.

For Petitioner(s):

Mr. R.S.Raveendhren For Respondent(s):Mr. Niranjan Rajagopalan Standing Counsel for R1 & R2 Mrs. E.Ranganayaki Addl. Govt. Pleader for R3 Mr. V.Chandrasekaran Senior Panel Counsel for R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed seeking a direction to respondents 1 and 2 to introduce audio enabled VVPAT System in all the polling stations for the forthcoming General Election to the Legislative Assembly of State of Tamil Nadu.

2. This Court, by order dated 10.04.2026 in W.P.No.13764 of 2026, which has been filed seeking introduction of a new procedure of sending SMS to votes on casting vote, has held that the election process for 2026 Elections has already commenced with the issuance of election notification and, therefore, invocation of judicial remedy to direct the authorities to include a new procedure would certainly be interrupting or protracting the existing election proceedings.

3. 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.

4. In view of the aforesaid, we are not inclined to entertain the writ petition at this belated stage.

5. The writ petition is dismissed. There shall be no order as to costs.

6. We make it clear that we have not expressed any opinion on the merits of the representation sent by 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) 15.04.2026 Index :

Yes/No Yes/No kpl To

1. The Chief Electoral Officer and Principal Secretary to Government, Tamil Nadu, Secretariat, Chennai-600009.

2. The Election Commission of India, Rep. by its Chief Election Commissioner Nirvachan Sadan, Ashoka Road New Delhi-110001.

3. The Chief Secretary Secretariat, Chennai-600009.

4. The Secretary Dept of Empowerment of Persons with Disabilities Ministry of Social Justice and Empowerment New Delhi.

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

(kpl) 15.04.2026