W.P.(MD)No.940 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025 CORAM: THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.940 of 2025 R.Sivamuruga Athithan, S/o.P.Ramanatha Athiththan, 1/125, North Street, Murugan Colony, Udankudi, Thiruchendur Taluk, Thoothukudi District. ... Petitioner Vs. 1.The Secretary to Government, Union of India, Public (Election) Department, New Delhi. 2.The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001. 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.940 of 2025 3.The Principal Secretary to Government, Public (Election) Department, Secretariat Building, Chennai-600 009. 4.The Chief Electoral Officer, (Thamizh Nadu Election Commission), Public (Election) Department, Secretariat Building, Chennai-600 009. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take appropriate steps for mandatory linking of Aadhaar Card with Voter Ids and implementation of Biometric Verification in EVMs to enhance Electoral Integrity and efficiency of the electoral process in India by consider the petitioner's representation, dated 27.09.2024 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.M.Arunachala Eswaran For R1 & R2 : M/s.B.Deepa For R3 & R4 : Mr.P.Thilak Kumar Government Pleader 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.940 of 2025 ORDER (Order of the Court was delivered by Dr.A.D. Maria Clete, J.) This Writ is filed in the nature of Mandamus to the respondents to take appropriate steps for mandatory linking of Aadhar cards with Voter IDs and implementation of Biometric verification in EVMs. The respondents are the Union Government and the Election Commission. 2. The petitioner has contended that linking Aadhaar with Voter ID will eliminate fake votes, detect multiple registrations, prevent repeat voting, and simplify voter identification, creating a reliable electoral database. The petitioner claims this will deter fraud, maintain accurate rolls, and incentivize turnout by prioritizing voters for government benefits. It was also stated that biometric verification through fingerprint and iris scans is proposed to enhance security, streamline voting, and ensure transparency via real-time discrepancy resolution, thereby modernizing and safeguarding elections. The petitioner states that the Electoral Rolls are going to be published by the respondent authority without linking the Aadhaar of every elector. Hence, the writ petitioner 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.940 of 2025 prays for direction to the authorities to take appropriate steps for mandatory linkage of an Aadhaar Card with Voter ID by consideration of his representation, dated 27.09.2024. 3. No deliberation is required in the matter as this writ petition is liable to be dismissed at the threshold because the matter has already been dealt with by the Hon'ble Supreme Court of India in W.P (Civil) No.177 of 2023 (G.Niranjan vs Election Commissioner of India & Anr) order dated 18.09.2023. [2023 LiveLaw (SC) 805]. The order of the Hon'ble Apex Court is extracted below: “Mr. Sukumar Pattjoshi, senior counsel appearing on behalf of the Election Commission of India with Mr.Amit Sharma, counsel states nearly 66,23,00,000 Adhar mumbers have already been uploaded in the process of finalizing electoral rolls. 2. Mr. Pattjoshi further states that the submission of the Adhar number is not mandatory under Rule 26-B of the Registration of Electors (Amendment) Rules 2022 and hence the Election Commission is looking into issuing appropriate clarificatory changes in the forms introduced for that purpose. 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.940 of 2025 2. In view of the above statement, the Writ Petition is disposed of." 4. Before concluding, we would emphasize that privacy must not be compromised lightly for the sake of administrative efficiency as the Supreme Court has consistently underscored that any Aadhaar linkage must withstand the rigorous tests of necessity and proportionality. These principles resonate with the ethos of the social value theory of privacy, which posits that privacy is not a negotiable personal preference but a non-negotiable societal principle. Sacrificing privacy for convenience or isolated benefits risks undermining the collective trust and integrity that form the bedrock of a democratic society. 5. In fine, this Writ Petition is dismissed. No Costs. (M.S.R.J) (A.D.M.C.J) 20.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.940 of 2025 To 1.The Secretary to Government, Union of India, Public (Election) Department, New Delhi. 2.The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001. 3.The Principal Secretary to Government, Public (Election) Department, Secretariat Building, Chennai-600 009. 4.The Chief Electoral Officer, (Thamizh Nadu Election Commission), Public (Election) Department, Secretariat Building, Chennai-600 009. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.940 of 2025 M.S.RAMESH,J. DR.A.D.MARIA CLETE,J. gbg W.P(MD)No.940 of 2025 20.01.2025 7/7 https://www.mhc.tn.gov.in/judis