Andhra Pradesh High Court Rejects Plea For Breath Analyzers At Polling Stations

A Public Interest Litigation (PIL) filed in the Andhra Pradesh High Court seeking mandatory Breath analyzers at polling booths was dismissed recently. The petitioner, a registered political party (Janavahini Party), argued that allowing intoxicated voters would violate the principles of free and fair elections.

The petitioner filed the PIL challenging the inaction of the Election Commission of India on the representation sent by the Petitioner in January of 2024, seeking the arrangement of a Breath-Analyzer at the Entry Point/Queue being maintained at every Polling Booth to monitor and ensure that no Voter is under the influence of alcohol.

However, the court found the petition lacking merit. The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao noted the petitioner's inability to point to any specific law mandating Breathalyzer tests for voters. The court reasoned that the ECI already has established guidelines for maintaining order and decorum at polling stations, and these procedures are deemed sufficient to ensure a fair election.

“Learned counsel for the petitioner has failed to draw our attention to any specific legal provision which would make it obligatory for the Election Commission of India, to ensure that every person who enters a polling booth is subjected to a Breath Analyzer test before a person is permitted to cast his/her vote.”

Thus the petition was dismissed at the stage of admission.

Counsel for petitioner: Y. Kamala Rani represented by D. S. N. V. Prasad Babu

Counsel for respondents: D. S. Sivadarshan

Case no.: WP(PIL): 52 of 2024

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