Supreme court asks for a response from ECI and central government regarding E-Voting

On Thursday, the Supreme Court issued a notice regarding an appeal seeking to facilitate the e-voting framework with a view to improving citizens’ access to voting by modernizing the system of voting.

The bench of CJI S.A. Bobde’s, Justices A.S. bopanna and V. Ramasubramaniam has asked for responses from the ECI and the Central Government. The petition  filed by K.  Sathyan has also requested to strike down Section 60 (C) of the Representation of People Act, 1951 to the degree that it must not in any other sense as immoral, unlawful, absurd and unconstitutional.

The applicant also requested for instructions to the government to take action to ensure that all eligible voters residing outside of the constituency have access to voting, such as internal labourers, internal migrant staff, business personnel and students.

The petitioner also emphasized the need to establish free and fair election conduct through the use of technical innovations to avoid electoral fraud.

The petitioner submits that, for many reasons, like employment, occupation, trade, business, schooling, marriage, etc., the public at large now temporarily residing outside their constituency are not entitled to vote, is the infringement of their fundamental right under Article 19(1)(a).

Accordingly, the failure to include the individuals stationed outside their district, the group of people enjoying the right to vote by postal ballot, is unconstitutional and breaches their constitutional rights under Article 14, Article 19(1)(a), Article 19(1)(d), Article 19(1)(g) and Article 21 and the right to vote under Article 326.

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