Supreme Court Asks ECI To Consider Plea To Remove Symbols of Political Parties From EVMs

A bench headed by Chief Justice of India UU Lalit said that ends of justice would be met if the Petitioner's representation is considered by the Election Commission of India.

Senior Advocates Vikas Singh and Gopal Sankarnarayan appearing for Upadhyay alleged violation of Articles 14 and 21 of the Constitution. They submitted that display of party symbols on EVMs sway voters' choice and deprives them a chance to elect on the basis of election candidates' credibility.

As a consequence of this, they submitted, criminality in political leaders has increased.

"Why are parties not selecting those with no criminal background? A standard affidavit is filed, every political party is doing that. That he is popular in that area etc. Legislature won't step in because they don't want to cut their own hands," Sankarnarayan submitted.

Advocate General however opposed the petition, stating that the choice that a voter makes happens before he reaches the EVM.

"EVM is not where he makes the choice. By the time he reaches there, he has already made a choice…"

Courtroom Exchange

At the outset, CJI Lalit pointed that 10th Schedule to the Constitution recognizes political parties and legislature party.

"Election is connected with the political party…The premise is that electorate has chosen (the candidate)…So though the electorate has elected him, he cannot dump his political party," CJI said.

Singh submitted that if a candidate is to be seen by the voter individually (without affiliation with the party), the system will have better people.

"The party will be compelled to give tickets to better people. This is done in Brazil, which has no symbols. Voters now just go and vote for party. If party symbols are removed, voters will also try to learn about the person they're voting for."

They prayed that ECI should use the 'Name, Age, Educational Qualification and Photograph' of the candidates on EVM, in order to provide equal opportunity to contesting candidates and to weed out corruption, criminalization, etc.

This will also help electors to vote and support intelligent diligent and honest candidates and open gateway for social activists, educationists' jurists intellectuals and public welfare spirited honest people to enter into politics, the plea claimed.

The counsels further informed the Court that a representation in this regard was made to the Election Commission. The matter could not be taken up with the Law Commission as it has not been functioning since past 4 years.

Advocate Amit Sharma for ECI assured the Court that the Petitioner's representation will be considered. Accordingly, the matter was disposed of.

Case Title: Ashwini Kumar Upadhyay v. Union of India & Anr.