Public Outcry: Demand For Removal of Electronic Voting Machines Grows Louder
(Judicial Quest News Network)
In a politically charged atmosphere of India for the ensuing Lok Sabha election the demand for removal of Electronic Voting Machine is gaining momentum.Advocate Mahmamood Pracha has petitioned the Apex Court, urging that the voting process for the upcoming Lok Sabha elections be conducted using traditional ballot papers. He seeks permission to intervene in the ongoing court case concerning Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT) verification.
It is submitted in the Intervening Application by Advocate Mahmood Pracha that the applicant has been requestingthe Election Commission of India to conduct the elections”Through the constitutionally and statutorily mandated mechanism, i.e through ballot papers, to ensure that the process is fair, transparent, and free from any illegal, external and surreptitious interference or manipulation,” but his request went in vein.
The Applicant firmly believes that the Constitution of India is the soul and spirit of India and is the key to the unity, integrity, strength and progress of our motherland. The Applicant has involved himself in various public spirited activities including free legal aid. The Applicant has also worked pro-bono for various underprivileged and oppressed sections of the society and for organizations like the National Commission for Women, National Commission for Minorities and Delhi Commission for Safai Karamcharis.
Mahmood Pracha has claimed that “EVM BROUCHER FOR CANDIDATES & POLITICAL PARTIES” does not have any inherent security feature in mechanism of EVMs.
It is submitted that the process delineated in the aforesaid Handbook in respect of the use of EVMs clearly evidences that the sanctity of the voting process and the count recorded in the EVMs is secured solely by honest, vigilant and error free supervision and handling by various stakeholders and not by any inherent security feature in the mechanism of the EVMs.
Furtehr Mr.Pracha’s IA claims that in terms of Representation of People’s Act, 1951 and conduct of Election rules, 1961, election by the use of ballot papers and ballot Boxes is the rule, and resorting to EVMs can be considered by the EC on a case to case basis only in execeptional circumstances (to be recorded in an order).F
Further, Section 61A of the R.P. Act provides that the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify. Hence, all elections have to be held by the use of Paper Ballots and resort to voting machines may be considered by the Election Commission only on a case to case basis under exceptional circumstances and that too for justifiable reasons, which have to be delineated in a specific order.
