Introduction
In the case of Syed Khalil Ulla Hussaini vs. Chief Election Commission of India & Others (WP 13045/2024), the Karnataka High Court recently addressed a public interest litigation seeking directives for free bus services for voters on polling days and an increase in the number of polling booths for the upcoming election to the post of Member of Legislative Council in the North East Graduate constituency, 2024. A vacation bench of Justice R Devdas and Justice J M Khazi presided over the matter, ultimately dismissing the petition on the grounds that the requests violated statutory provisions.
Arguments:
The petitioner, Syed Khalil Ulla Hussaini, represented by Advocate Rahamathulla Kothwal, argued that free bus services should be provided on polling days to facilitate voter turnout. Hussaini contended that many voters face transportation challenges which could be mitigated by offering free public transport, thereby ensuring a higher voter participation rate. Additionally, the petitioner sought to increase the number of polling booths from the initially fixed 160 to 250 to accommodate the growing number of voters in the North East Graduate constituency.
Representing the respondents, Advocate Sharath Dodawad and the Chief Election Commission, countered these demands by referring to Section 123(5) of the Representation of Peoples Act. They asserted that neither the candidates nor the state government or public transport corporations have the authority to provide free bus services for voters as it would constitute a violation of the statutory provisions. The Chief Election Commission’s statement of objections highlighted that such provisions could be interpreted as an unfair advantage, potentially leading to allegations against the ruling political party.
Regarding the request for more polling booths, the Chief Election Commission confirmed that the number of polling stations had already been increased from 160 to 195, based on the recommendations and voter data provided by the Deputy Commissioners. The respondents emphasized that this increase was sufficient to manage the voter turnout efficiently.
Court’s Judgment
The court evaluated the arguments and objections presented. Justice R Devdas and Justice J M Khazi referred to the Chief Election Commission’s submission that it does not possess the authority to mandate free public transportation on polling days. The bench underscored that such directions, if issued by the state government or public transport department, would directly contravene the explicit provisions of the Representation of Peoples Act, raising potential allegations of political bias and misuse of power.
The court acknowledged the Chief Election Commission’s efforts in enhancing the number of polling booths from 160 to 195 and found this increase adequate based on the voter data. Consequently, the bench deemed the petitioner’s second prayer regarding the enhancement of polling booths satisfactorily addressed.
In its judgment, the court noted, “This court is of the considered opinion that two prayers made by the petitioner, having regard to representation given by him, have been answered by the respondent in the statement of objections. In fact, an endorsement dated 19-03-2024 has been issued by the Regional Commissioner (Kalburagi subdivision), bringing to his notice the prayer made by the petitioner and the arrangements made by the Chief Election Commission for the purposes of impending elections. It is also stated that no such arrangements for plying free buses can be made either by the Chief Election Officer or any other authority, since it would be in violation of express provisions of the Act. Information regarding enhancement of polling stations is also given to the petitioner.”
Based on these observations, the court disposed of the petition.