Holding

Clause 11.2.2.2 only requires the draft roll to be in ‘text mode’ (i.e., containing only textual data and no photographs); it does not compel the ECI to provide a searchable PDF, and the image‑only PDF supplied complies with the Manual.

Summary

Kamal Nath, President of the Madhya Pradesh Congress Committee, filed a writ petition under Article 32 seeking (i) VVPAT verification at 10% of polling stations and (ii) that the Election Commission of India (ECI) publish the draft electoral roll in a searchable PDF (text‑searchable) format. The petitioner relied on Clause 11.2.2.2 of the Election Manual 2016, which mandates that the draft roll be put on the Chief Electoral Officer’s website in PDF ‘text mode’ and without photographs. The ECI supplied the draft roll as an image‑only PDF, arguing that ‘text mode’ refers only to the content (no photographs) and that privacy concerns preclude a searchable format. The Court held that the clause does not require a searchable PDF; the image‑only PDF satisfies the Manual’s requirement and the petitioner may convert it himself. The Court also noted that the VVPAT prayer had already been dealt with in earlier orders and therefore dismissed the petition in its entirety.

Issues considered

Whether Clause 11.2.2.2 of the Election Manual 2016 obliges the ECI to publish the draft electoral roll in a searchable (full‑text) PDF format.
Whether the petitioner is entitled to a direction for VVPAT verification at 10% of polling stations.

Legislation cited

Constitution of Indias. Article 32
Registration of Electors Rules, 1960s. 11(c), s. 22(c)

Subjects

Election LawDraft Electoral RollText ModeSearchable PDFPrivacy of VotersVVPATElection Commission of IndiaArticle 32Registration of Electors

Judgment

842 [2018]REPORTS
SUPREME COURT 12 S.C.R. 842 [2018] 12 S.C.R.

A KAMAL NATH
v.
ELECTION COMMISSION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 935 of 2018)
B OCTOBER 12, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Election laws: Election Manual 2016 – Chapter XI – Clause
11.2.2.2 – Putting draft roll on website – Petitioner seeking
publishing/providing of soft copies of draft electoral rolls to political
C
parties in text format-searchable PDF format – Held: Clause
11.2.2.2 of the Election Manual uses the expression ‘text mode’ –
Draft electoral roll in the text mode, supplied to the petitioner fulfills
the requirement contained in the Election Manual – Clause nowhere
says that the draft electoral roll has to be put up on the Chief Electoral
D Officer’s website in a ‘searchable PDF’ – Therefore, the petitioner
cannot claim, as a right, that the draft electoral roll should be placed
on the website in a ‘searchable mode’ – Furthermore, since Clause
11.2.2.2 does not entitle the petitioner to get the draft electoral roll
in the text mode which is searchable as well viz. in ‘full text search’
form, it is for the ECI to decide about the format in which the draft
E
electoral roll is to be published – Issues of privacy of voters are
involved and the move of ECI is aimed at prevention of voter profiling
and data mining.
Dismissing the writ petitions, the Court
F HELD: 1.1 The ECI claims that it took all necessary steps
in this behalf. ECI gave a detailed reply to the petitioner and his
political party, that the complaint of the petitioner and the political
party to which he is affiliated regarding duplication/multiplication
of voters had been rectified. Furthermore, ECI also supplied a
copy of the rectified draft electoral roll to the petitioner, and the
G political party to which he is affiliated, on July 31, 2018. It was
also stated at the bar that ECI has also now published the Final
Electoral Roll on September 27, 2018 and supplied a copy of the
same to the petitioner (and his political party) wherein all such
defects/discrepancies find no place as they have already been
H rectified earlier. The ECI explained that revision and updation of
842
KAMAL NATH v. ELECTION COMMISSION OF INDIA 843

the electoral roll is a continuous process, which the ECI is A
diligently pursuing continuously. [Para 17, 18] [852-A-B, C-D]
1.2 Clause 11.2.2.2 of the Election Manual places an
obligation on the ECI to put the draft roll on its website in PDF
format. The purpose is to bring it in public domain so that each
voter is able to access the same and find out whether his/her B
name is correctly shown and in case of any error, the said voter is
in a position to get the same rectified. Likewise, in case a particular
voter is missing from the list, that individual would be in a position
to take up the matter with the ECI for inclusion of his/her name.
A copy thereof is also given to the political parties as well, because
these political parties have equal interest in ensuring that the C
aforesaid mistakes are removed. They can additionally check as
to whether there are duplicate or fake voters also in the list and
seek correction thereof. However, the second part of the said
clause mentions that draft roll would be put in a ‘text mode’. It
also states that no photograph would appear against the electors’ D
details. [Para 19]. [852-E-F; 853-A-B]
1.3 The counsel for ECI submitted that the use of the phrase
‘text mode’ in Clause 11.2.2.2 of the Election Manual only means
that the draft electoral roll put up on the Chief Electoral Officer’s
website shall only contain ‘text’ of the elector’s details and not E
his/her ‘photographs/pictures/pictorial content’; that every PDF
document, whether it is a searchable or non-searchable/Image
PDF and which contains any text content in a ‘Text Mode’ is PDF
in that sense; that there is nothing called a ‘Text Mode’ format
of a PDF document; and that a simple ‘Google search’ in that
regard would also clearly and conclusively establish the same. F
There is force in the submission of the ECI. Clause 11.2.2.2 of
the Election Manual uses the expression ‘text mode’. The draft
electoral roll in that mode, i.e. text mode, has been supplied to
the petitioner. The clause nowhere says that the draft electoral
roll has to be put up on the Chief Electoral Officer’s website in a G
‘searchable PDF’. Therefore, the petitioner cannot claim, as a
right, that the draft electoral roll should be placed on the website
in a ‘searchable mode’. It has only to be in ‘text mode’ and it is
so provided. The document from Wikipedia relied upon by the
petitioner relates to ‘full text search’ and not ‘text mode’.
H
844 SUPREME COURT REPORTS [2018] 12 S.C.R.

A Obviously, when the said document explains how ‘full text search’
is to be undertaken, the explanation would be that it is a search
engine which examines all of the words in every stored documents
and would provide full text searching techniques as well.
However, the absence of the words ‘search’ in Clause 11.2.2.2
would make all the difference. [Paras 20-22] [854-A-E]
B
1.4 It is rightly explained by the ECI that PDF documents
are primarily of two types/formats, namely “Image-only” or
Scanned PDFs-when scanning hard copy documents on MFPs
and office scanners, or when converting a camera image, jpg, tiff
or screenshot into a PDF, the content is “locked” in a snapshot-
C like image, without an underlying text layer. Such image-only PDF
documents contain just the scanned/photographed images of
pages. Image-only PDF files are not searchable, and their text
usually cannot be selected, searched or copied; and searchable
PDFs-In Searchable PDFs, a text layer is added to the image
D layer, usually placed underneath. Such PDF files are almost
indistinguishable from the original documents and are fully
searchable. Text in searchable PDF documents can be selected,
searched and copied. [Para 23] [854-F-H]
1.5 Once it is found that Clause 11.2.2.2 does not entitle
E the petitioner to get the draft electoral roll in the text mode which
is searchable as well viz. in ‘full text search’ form, it is for the
ECI to decide about the format in which the draft electoral roll is
to be published. ECI has given the reasons for not adhering to
the request of the petitioner in providing draft electoral roll in
searchable PDF format. According to it, issues of privacy of voters
F are involved and the move of ECI is aimed at prevention of voter
profiling and data mining. According to ECI, ensuring free and
fair elections, to which it is committed, also necessitates that
ECI is duty bound to protect the privacy and profiling of electors.
Therefore, it is duty bound to take all precautionary measures.
G However, it is not necessary to go into this aspect. [Para 24]
[855-A-C]
1.6 On reading and interpreting Clause 11.2.2.2 of the
Election Manual in the aforesaid manner, the decision taken by
the ECI which is contained in its Instructions dated January 4,
H 2018 becomes relevant. In those Instructions, ECI has directed
KAMAL NATH v. ELECTION COMMISSION OF INDIA 845

its field level functionaries to put only the ‘Image PDF’ of electoral A
roll in the public domain. The format in which the draft electoral
roll is supplied to the petitioner fulfills the requirement contained
in the Election Manual. If the petitioner so wants, he can always
convert it into searchable mode which, of course, would require
him to put his own efforts. [Para 25] [855-C-E]
B
Special Reference No. 1 of 2002 (2002) 8 SCC
237 : [2002] 3 Suppl. SCR 366; K.S. Puttaswamy and
Another v. Union of India and Others (2017) 10 SCC
1; Prakash Joshi v. Election Commission of India
October 30, 2017 in W.P. (C) No. 983 of 2017 –
referred to. C

Case Law Reference
(2017) 10 SCC 1 referred to Para 13
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil)
No. 935 of 2018 D
Under Article 32 of the Constitution of India
WITH
W.P. (C) No. 1000/2018.
Kapil Sibal, Vivek Tankha, Anoop Chaudhary, Vikas Singh, Sr.
Advs., Varun Chopra, Naman Joshi, Prashant Sivarajan, Ms. Sangeeta E
Josi, Varun Tankha, Aljo K. Joseph, Amit Sharma, Advs. for the appearing
parties.
The Judgment of the Court was delivered by
A. K. SIKRI, J. 1. Writ Petition (Civil) No. 935 of 2018 is filed
by the petitioner, who is the President of the Madhya Pradesh Congress F
Committee, claiming the following reliefs:
“(a) Issue an appropriate writ, order or direction to the
Respondents to issue directions for conducting VVPAT
verification at least 10% randomly selected polling stations in
each assembly constituency/assembly segment to ensure free G
and fair elections;
(b) issue an appropriate writ, order or direction to the
Respondents to publish voter list in text format as per rules, and
to expeditiously decide all complaints qua final publication of voter
list under Rules 22(1)(c) of the Registration of Electors Rules, H
846 SUPREME COURT REPORTS [2018] 12 S.C.R.

A 1960 and to prohibit deletion of voters from the voter list without
intimation to political parties;
(c) issue an appropriate writ, order or direction to the
Respondents to issue fresh guidelines qua VVPAT whilst
considering the grounds/issues raised in the present writ petition,
B including but not limited to random VVPAT checks, mock polls
and recounting, quality of Thermal Paper and printing, collection
of Paper Trails and storage, unique identification numbers on
VVPAT and paper trail collection boxes, transportation of EVMs
and VVPAT before and after polls, First Level Checking (FLC)
of VVPAT and posting of officials; and
C (d) any such further and other order/orders be passed as may
be necessary and deemed fit and proper in the facts and
circumstances of the case to subserve the interest of justice.
2. As can be seen from the aforesaid prayer clause, essentially
two reliefs are prayed for. First relief is for issuance of directions for
D conducting Voter Verifiable Paper Audit Trail (VVPAT) verification on
random basis for 10% of the votes. In the second place, direction is
sought to provide to the petitioner soft copies of the draft electoral rolls
published on July 31, 2018 in text format; to decide complaints pertaining
to voter list expeditiously; and to prohibit deletion of voters from the
E voter list without intimation to the political parties.
3. In Writ Petition (Civil) No. 1000 of 2018, similar reliefs were
pressed. However, the facts as they appear in Writ Petition (Civil) No.
935 of 2018 are taken note of.
4. We would like to place on record, at the outset, that the detailed
F arguments which were advanced by the petitioner were highly
concentrated on the second prayer, that too for providing soft copies of
the draft electoral rolls in text format. Insofar as the first relief is
concerned, objection was raised by Mr. Vikas Singh, learned senior
counsel appearing for respondent No.1 – Election Commission of India
(hereinafter referred to as ‘ECI’), to the maintainability of such a prayer
G
on the ground that this issue has already been dealt with by this Court.
We will take note of the respective submissions on this aspect at the
appropriate stage. Since, the second prayer has become the bone of
contention, in the first instance, we would like to deal with that aspect.

H
KAMAL NATH v. ELECTION COMMISSION OF INDIA 847
[A. K. SIKRI, J.]

5. The main reason for which the petitioner is seeking direction A
to the respondents to publish voter list in text format and supply the
same is that it is necessitated to ensure that the voter list is properly and
fairly drawn, which includes all the eligible voters on the one hand and
also excludes the duplicate, fake or incorrect voters. It is stated by the
petitioner that he along with senior leaders from the State of Madhya
B
Pradesh submitted a detailed representation on June 03, 2018 highlighting
various duplicate, repeat, multiple, illegal, invalid and false entries/voters
in the electoral rolls of Madhya Pradesh for Assembly Elections, 2018
and the ECI was requested to address the same. As per the petitioner,
there is an increase by 40% in numbers of voters vis-a-vis population
numbers of electors in the State of Madhya Pradesh since the last C
Assembly Election, i.e. in the last five years. It is contended that if
voters/electors with birth year 1991-2001 will attain age of 18 years
between 2008-2018, it can be reasonably expected that new voters added
in the years 2008-2018 would be similar to the increase in population i.e.
1,18,18,290. However, it is shocking and alarming to see that increase in
D
total number of voters i.e. 1,45,13,404 (more than 40% increase) in the
corresponding increase in population during 2008-2018. Therefore, this
additional increase over and above the population increase i.e. 26.95
lakhs of votes in the State of Madhya Pradesh seems inconceivable and
incalculable.
6. The petitioner, accordingly, made representations to the ECI E
to take appropriate action to rectify the mistakes. The ECI sent letter
dated July 16, 2018 to the All India Congress Committee (AICC), inter
alia, stating that the allegations made in the representation dated June
03, 2018 preferred by the petitioner are not substantiated. At the same
time, the ECI had also admitted, to the following effect, that there were
F
some duplicate and fake entries in the voter list:
“(a) INTRA AC – 9664 were found in the repeated entry
(b) INTER AC – 8278 cases were found in the repeated entry
(c) Photo Entries – 2,37,234 photo entries found to be suspicious/
unclear/blank photos;” G
7. The petitioner also submits that the ECI has, thereafter,
dropped more than twenty four lakh voters from the voter list of the
State of Madhya Pradesh published in January 2018. The ECI has also
admitted that 2,37,234 photo entries are found to be suspicious, unclear
and blank photos. On the aforesaid premise, the petitioner submits that H
848 SUPREME COURT REPORTS [2018] 12 S.C.R.

A the political parties should be provided voter list in text format so that
they are in a position to electronically scan the same and find out whether
there are any duplicate or fake voters in the voter list prepared by the
ECI.
8. In support of the aforesaid demand of supply of electoral roll
B in PDF form in text mode, Mr. Kapil Sibal, learned senior counsel,
referred to Clause 11.2.2.2 of Chapter XI of the Election Manual 2016
which reads as under:
“11.2.2.2 Putting draft roll on website:- Additionally, the draft
roll shall be put in public domain, at Chief Electoral Officer’s
C website, in a PDF format on the same day. The draft roll shall
be put on website in a text mode and no photographs would
appear against the elector’s details. Instead it would indicate in
the box meant for the photograph of elector whether the
photograph is available or not.”

D 9. It was argued that as per the aforesaid clause contained in
the Election Manual itself, the ECI was required to prepare the draft roll
in text mode, al beit without photographs. The purpose was to enable
the political parties to analyse and scrutinise the data and based thereupon
to give any suggestions that are needed or submit objections if it is found
that there are duplicate or fake voters. As against the aforesaid mandate,
E the ECI has provided Compact Discs (CDs) containing draft electoral
roll published on July 31, 2018 in PDF non-editable form for all 230
constituencies of the State of Madhya Pradesh. Such scanned copies
are in fact images and, therefore, inadequate for the purpose of scrutiny
wherein data cannot be analysed. It is also stated that in 2013 Assembly
F Elections in Madhya Pradesh, draft electoral rolls were provided in text
mode. Similarly, draft electoral rolls, as published on July 31, 2018 for
the State of Rajasthan, have also been provided in text mode. Departure
made in the instant case is questioned as unreasonable.
10. The ECI has filed a detailed counter affidavit. It is stated that
G the ECI has put the voter list on website in text mode and even images
on the website are in text mode. However, the ECI has taken a conscious
decision not to give copies of these voter list to the political parties in
scannable text mode keeping in view the issue of privacy of voters.
Various averments in the writ petition are strongly refuted in the counter
affidavit. The ECI has stated that the petitioner had submitted a
H
KAMAL NATH v. ELECTION COMMISSION OF INDIA 849
[A. K. SIKRI, J.]

representation dated June 03, 2018 regarding various duplicate, repeat, A
multiple entries/voters in the electoral rolls of Madhya Pradesh for
Assembly elections. As per the complaint received, 26.76 lakh records
were submitted for ‘Within AC’ of 91 Constituencies and 26.74 lakh
records of ‘Across AC’ of 101 Constituencies. All these entires have
been verified physically in a door-to-door campaign. In physical
B
verification, 23,67,487 electors were found present, 2,34,596 electors
were either deleted already or not found enrolled in the respective
constituencies. In 46,859 cases, electors were found to be absent and
16,675 electors were found to be deceased. In all such cases, the action
for deletion has already been taken. It is emphasised that only 8,728
cases were found in the repeated entry category against which C
appropriate action has already been initiated as per law.
11. The ECI accepts that during the process of continuous updation
from January 19, 2018 to July 31, 2018, there was a net deletion of
around 24 lakhs entries from the electoral roll and it is also correct that
more than 2 lakh photo entries were flagged as being unclear/blank/ D
repeated photos but out of these entries, 1,04,284 entries were found to
be valid and only 97,687 entries had to be corrected during the
aforementioned continuous updation of the electoral roll. Explanation
given is that electoral roll updation is a continuous and ongoing process
and the ECI as well as the office of the Chief Electoral Officer, Madhya
Pradesh are committed to ensuring the purity and correctness of the E
electoral roll through continuous addition or deletion of names of electors
on the basis of door-to-door survey by Block Level Officers (BLOs)
and by processing all sort of information gathered through NSVP, CEO
website or complaints received through the helpline number (1950), etc.
12. It is also claimed that the ECI has been taking transparency F
measures in electoral registration. The recognized political parties are
supplied, free of cost, two copies (one hard copy in pdf with image of
electors and another in soft copy without image of electors) of the electoral
roll of the constituencies at the time of draft publication and final
publication under the provision of Rule 11(c) and 22(c) of the Registration G
of Electors Rules, 1960. Further, the unrecognized registered political
parties/NGOs/public can obtain soft copy of the electoral roll (without
images of electors) in a CD in pdf format on a nominal price of Rs.100/-
only per CD, containing the electoral roll of an Assembly Constituency,
on request. In addition to the above, as per the ECI’s existing instructions,
H
850 SUPREME COURT REPORTS [2018] 12 S.C.R.

A image PDF of electoral rolls are published on website of Chief Electoral
Officer of the State concerned so as to be placed in the public domain
for view of general public. The general public can access such image
PDF of electoral rolls through captcha containing alphabet, numeral and
special characters.
B 13. On the basis of the aforesaid averments, Mr. Vikas Singh
argued that the ECI itself does the exercise of de-duplication which was
informed to the political parties also in the meeting which was conducted
by it. He also submitted with vehemence that representation dated June
03, 2018 of the petitioner was replied on June 08, 2018 wherein it was
clearly stated that corrections had already been carried out. According
C to him, these corrections took place on May 25, 2018 itself, i.e. even
before the representation dated June 03, 2018 was submitted by the
petitioner. It was duly communicated on June 08, 2018. Thereafter,
draft voter list was published on July 31, 2018 wherein all the concerns
have already been taken care of. Highlighting the issue of privacy of
D voters, it was argued by Mr. Vikas Singh that in case voter list is supplied
in text form, it will enable data mining of various nature. For this reason,
there was a re-look into the matter and the ECI had decided to provide
the list in image form. It was submitted that Clause 11.2.2.2 of Chapter
XI of Election Manual 2016, on which reliance was placed, does not
require supply of draft voter list in searchable text mode. In any case, it
E was only an administrative manual and had no statutory force. This can
always be suitably amended by the ECI having regard to the exigencies.
Therefore, there was a conscious decision in the form of instructions
dated January 4, 2018 to supply non-searchable text mode in view of the
safety and privacy concerns of the voters. Mr. Vikas Singh submitted
F that right to privacy has now been recognised as a fundamental right in
K.S. Puttaswamy and Another v. Union of India and Others1 and it
becomes the duty of the ECI to take care of that.
14. It can be discerned that the real issue is whether voter list is
to be supplied to the political parties in text mode; albeit in PDF form.
G Therefore, our discussion concentrates on this issue.
15. There is no doubt about the bona fides of the ECI. It is a
matter of record that in the last 25-30 years, ECI has built up the reputation
of an impartial body which strives to hold fair elections. It is a

1
(2017) 10 SCC 1
H
KAMAL NATH v. ELECTION COMMISSION OF INDIA 851
[A. K. SIKRI, J.]

Constitutional Authority and has been discharging its functions quite A
satisfactorily. People of this country, by and large, trust this institution
for its impartial manner of discharging its functions. That is absolutely
essential as well in a democratic polity where ‘We, the people’ elect the
representatives to the legislative assemblies of the State as well as
Parliament at the Centre. It is the will of the people which should be
B
truly translated into reality. In that sense, the function of ECI becomes
very important and it is supposed to discharge the same with utmost
integrity, impartiality and objectivity. In re: Special Reference No.1 of
20022, this Court emphasised the importance of Election Commission in
the following manner:
“105. ...The duty of the Election Commission is to conduct fresh C
election and see that a democratically elected Government is
installed at the earliest and any decision by the Election
Commission, which is intended to defeat this very avowed object
of forming an elected Government can certainly be challenged
before the Court if the decision taken by the Election Commission D
is perverse, unreasonable or for extraneous reasons and if the
decision of the Election Commission is vitiated by any of these
grounds the Court can give appropriate direction for the conduct
of the election.”
16. In the process of conducting fair elections, the ECI is also E
supposed to ensure that only genuine voters cast their votes. It has to
ensure that there are no duplicate, fake or incorrect voters in the voting
list prepared by it. It has also to ensure that genuine voters are not left
out. Voter list should, therefore, be genuine in all respects. It is for this
reason the ECI prepares draft voter list. While doing so, it attempts to
remove duplicate, repeat or fake voters. It also endeavours to include F
all genuine voters. This process is not only undertaken with the aid of
mechanical devices, namely, computer etc. but by sending its manpower
on door-to-door basis. For the same reason, namely, to ensure that
voter lists are flawless, these lists are put on the website for the voters
to see and those who are excluded can make grievance/representation G
about the same. Likewise, for the same reason, the copies of the voter
lists are supplied to the political parties as well and their objections are
invited. This is done to give chance to the political parties to go through
these lists so that they are able to point out any errors, if any, in these
2
(2002) 8 SCC 237 H
852 SUPREME COURT REPORTS [2018] 12 S.C.R.

A lists. The ECI even holds all party meetings for this purpose where such
issues are discussed.
17. The ECI claims that it has taken all necessary steps in this
behalf.
18. It is stated by the ECI on affidavit that draft electoral roll of
B January 19, 2018 was rectified by ECI around May 25, 2018, whereas
the first complaint of the petitioner and the political party to which he is
affiliated regarding duplication/multiplication of voters is dated June 03,
2018. Thereafter, ECI gave a detailed reply to the petitioner and his
political party on June 08, 2018, June 15, 2018 and July 16, 2018, pointing
C out that the electoral rolls had been rectified. Furthermore, ECI also
supplied a copy of the rectified draft electoral roll to the petitioner, and
the political party to which he is affiliated, on July 31, 2018. It was also
stated at the bar that ECI has also now published the Final Electoral Roll
on September 27, 2018 and supplied a copy of the same to the petitioner
(and his political party) wherein all such defects/discrepancies find no
D place as they have already been rectified earlier. The ECI has explained
that revision and updation of the electoral roll is a continuous process,
which the ECI is diligently pursuing continuously3.
19. In the aforesaid context, we need to examine the demand of
the petitioner for supply of electoral roll in text format. This demand is
E based upon Clause 11.2.2.2 of the Election Manual which has already
been reproduced above. This clause places an obligation on the ECI to
put the draft roll on its website in PDF format. The purpose is to bring
it in public domain so that each voter is able to access the same and find
out whether his/her name is correctly shown and in case of any error,
F the said voter is in a position to get the same rectified. Likewise, in case

3
It may be mentioned that Mr. Vikas Singh, learned senior counsel, appearing for the ECI
took strong exception to the production of documents from a private website on September
20, 2018 and handing over the same to the Court during hearing wherein on the basis it
was sought to be demonstrated that there were mistakes in the electoral rolls inasmuch as
same face was shown against as many as 36 voters. He submitted that it was done to
G prejudice and mislead this Court as the aforesaid error pointed out by the petitioner had
already been rectified around May 25, 2018 and this fact is informed to the petitioner as
well. According to him, thereafter there was no cause in filing the present petition and,
in any case, no reason to submit the said document. Mr. Sibal, learned senior counsel
appearing for the petitioner, on the other hand, contended that the purpose of producing
the aforesaid document was to show that glaring mistakes of this kind have been committed
earlier, which could be rectified only after the petitioner pointed out these mistakes. Be
H that as it may, we leave the matter at that.
KAMAL NATH v. ELECTION COMMISSION OF INDIA 853
[A. K. SIKRI, J.]

a particular voter is missing from the list, that individual would be in a A
position to take up the matter with the ECI for inclusion of his/her name.
A copy thereof is also given to the political parties as well, because
these political parties have equal interest in ensuring that the aforesaid
mistakes are removed. They can additionally check as to whether there
are duplicate or fake voters also in the list and seek correction thereof.
B
To this extent, there is no quarrel. However, the second part of the
aforesaid clause mentions that draft roll would be put in a ‘text mode’.
It also states that no photograph would appear against the electors’ details.
The entire dispute hinges upon the meaning that is to be assigned to ‘text
mode’. The argument of the petitioner is that ‘text mode’ is the one
which provides searching techniques as well. For this purpose, following C
description of ‘full text search’ from Wikipedia is produced:
“In text retrieval, full-text search refers to techniques for
searching a single computer-stored document or a collection in a
full-text database. Full-text search is distinguished from searches
based on metadata or on parts of the original texts represented D
in databases (such as titles, abstracts, selected sections, or
bibliographical references).
In a full-text search, a search engine examines all of the words
in every stored document as it tries to match search criteria (for
example, text specified by a user). Full-text-searching techniques
E
became common in online bibliographic databases in the 1990s.
Many websites and application programs (such as word
processing software) provide full-text-search capabilities. Some
web search engines, such as AltaVista, employ full-text-search
techniques, while others index only a portion of the web pages
examined by their indexing systems. F
20. Refutation of Mr. Vikas Singh is that ‘text mode’ in Clause
11.2.2.2 of the Election Manual relates to the ‘content’ of the draft
electoral roll and not its ‘format’. It is argued that prescription in the
aforesaid clause of the Manual requires putting the draft electoral roll in
text mode which would mean that it should contain only the text of the G
elector’s details such as his name, address, age, etc. and not his/her
photograph. It is explained that any PDF document generally contains
two kinds of content: (i) Text and (ii) Pictures/Photographs/Pictorial
Content. Any elector’s details would include his name, age, address,
etc. (i.e. ‘the text part’) as well as his photograph (i.e. ‘the photograph/
H
854 SUPREME COURT REPORTS [2018] 12 S.C.R.

A picture/pictorial content part’). Thus, the use of the phrase ‘text mode’
in Clause 11.2.2.2 of the Election Manual only means that the draft
electoral roll put up on the Chief Electoral Officer’s website shall only
contain ‘text’ of the elector’s details and not his/her ‘photographs/pictures/
pictorial content’. It is also explained that every PDF document, whether
it is a searchable or non-searchable/Image PDF and which contains any
B
text content in a ‘Text Mode’ is PDF in that sense. It is further submitted
that there is nothing called a ‘Text Mode’ format of a PDF document. A
simple ‘Google search’ in that regard would also clearly and conclusively
establish the same.
21. We find force in the submission of the ECI. Clause 11.2.2.2
C of the Election Manual uses the expression ‘text mode’. The draft
electoral roll in that mode, i.e. text mode, has been supplied to the
petitioner. The clause nowhere says that the draft electoral roll has to
be put up on the Chief Electoral Officer’s website in a ‘searchable PDF’.
Therefore, the petitioner cannot claim, as a right, that the draft electoral
D roll should be placed on the website in a ‘searchable mode’. It has only
to be in ‘text mode’ and it is so provided.
22. The document from Wikipedia relied upon by the petitioner
relates to ‘full text search’ and not ‘text mode’. Obviously, when the
said document explains how ‘full text search’ is to be undertaken, the
E explanation would be that it is a search engine which examines all of the
words in every stored documents and would provide full text searching
techniques as well. However, the absence of the words ‘search’ in
Clause 11.2.2.2 of the Election Manual would make all the difference.
23. It is rightly explained by the ECI that PDF documents are
F primarily of two types/formats, namely:
(i) “Image-only” or Scanned PDFs – When scanning hard copy
documents on MFPs and office scanners, or when converting a camera
image, jpg, tiff or screenshot into a PDF, the content is “locked” in a
snapshot-like image, without an underlying text layer. Such image-only
PDF documents contain just the scanned/photographed images of pages.
G Image-only PDF files are not searchable, and their text usually cannot
be selected, searches or copied.
(ii) Searchable PDFs – In Searchable PDFs, a text layer is added to the
image layer, usually placed underneath. Such PDF files are almost
indistinguishable from the original documents and are fully searchable.
H Text in searchable PDF documents can be selected, searched and copied.
KAMAL NATH v. ELECTION COMMISSION OF INDIA 855
[A. K. SIKRI, J.]

24. Once we find that Clause 11.2.2.2 does not entitle the petitioner A
to get the draft electoral roll in the text mode which is searchable as well
viz. in ‘full text search’ form, it is for the ECI to decide about the format
in which the draft electoral roll is to be published. ECI has given the
reasons for not adhering to the request of the petitioner in providing
draft electoral roll in searchable PDF format. According to it, issues of
B
privacy of voters are involved and the move of ECI is aimed at prevention
of voter profiling and data mining. According to ECI, ensuring free and
fair elections, to which it is committed, also necessitates that ECI is duty
bound to protect the privacy and profiling of electors. Therefore, it is
duty bound to take all precautionary measures. However, it is not
necessary to go into this aspect. C
25. One we read and interpret Clause 11.2.2.2 of the Election
Manual in the aforesaid manner, the decision taken by the ECI which is
contained in its Instructions dated January 4, 2018 becomes relevant. In
those Instructions, ECI has directed its field level functionaries to put
only the ‘Image PDF’ of electoral roll in the public domain. We are, D
therefore, of the opinion that the format in which the draft electoral roll
is supplied to the petitioner fulfills the requirement contained in the Election
Manual. It may be added that if the petitioner so wants, he can always
convert it into searchable mode which, of course, would require him to
put his own efforts.
E
26. Other relief which is claimed by the petitioner is to seek
directions for conducting VVPAT verification at least 10% randomly
selected polling stations in each assembly constituency/assembly segment
to ensure free and fair elections. In this behalf, our attention was drawn
by the respondents to Rule 56(d). It was also submitted by the respondents
that this issue cannot be raised by the petitioner having regard to the F
orders passed on earlier occasions in few writ petitions which were filed
on this aspect. The respondents referred to orders passed in Prakash
Joshi v. Election Commission of India4. In that case also, where
identical prayer was made, the petition was disposed of by orders dated
October 30, 2017 in the following manner: G
“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

4
Decided on October 30, 2017 in W.P. (C) No. 983 of 2017
H
856 SUPREME COURT REPORTS [2018] 12 S.C.R.

A 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
B
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
C have been initiated shall be posted in any key positions.
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.
D 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
E same is not permissible and accordingly, the said prayer stands
rejected.
The writ petition is accordingly disposed of.”
27. Another writ petition being W.P.(C) No. 1012 of 20175 was
filed before this Court in October 2017 itself, with almost identical prayer.
F This was dismissed in limine on November 20, 2017. In the counter
affidavit, ECI has also referred to similar writ petitions filed in the High
Court of Gujarat, which met the same fate.
28. In view of the orders dated October 30, 2017 passed in
W.P.(C) No. 983 of 2017 and on the basis of statement given by the ECI
G in the Court, we do not intend to entertain this relief.
The writ petitions are accordingly dismissed.
Nidhi Jain Petitions dismissed.

5
H Manubhai Chavada v. Election Commission of India & Ors.