ECI Has Already Taken Steps: Bombay High Court Dismisses PIL Seeking Directions On ECI To Create Voter Awareness For 'NOTA'

The Bombay High Court recently dismissed a PIL seeking directions to the Election Commission of India (ECI) to create awareness in public about the 'None of the Above' (NOTA) option on electronic voting machines (EVM).

A division bench of Justice Ravindra V Ghuge and Justice RM Joshi noted that the petitioner, one Suhas Wankhede, had previously filed an identical PIL in which the court had addressed the issue adequately.

“We find that the Election Commission has already come out with a manual on Systematic Voters Education and Electoral Participation (SVEEP), which was published in July 2020. The SVEEP Strategy 2022-2025 (4) was also published…Having considered the above factors and the steps taken by the Election Commission of India and the State Election Commission, and the fact that this Petitioner had filed an identical Petition earlier, this PIL Petition is dismissed”, the court further observed.

In the PIL, the petitioner, a PhD student, raised concerns about the efforts made by the ECI to educate voters about the EVM and, the use of NOTA option. The petitioner prayed that the ECI should appoint a brand ambassador and start a campaign for NOTA.

The petitioner cited a judgment of the Supreme Court in People's Union for Civil Liberties and Anr. v. Union of India and Anr.

The court referred to the previous PIL filed by the same petitioner. In the earlier case, the court passed a detailed order on October 14, 2019, after hearing the petitioner's arguments.

The court on that occasion noted that the State Election Commission had taken sufficient steps to make voters aware of the NOTA option, as per the directions of the ECI. The court observed that the grievance of the petitioner was addressed in the earlier PIL, and thus, the purpose of approaching the court had been served. Consequently, the previous PIL had been disposed of.

The court found that the current plea had identical pleadings to the earlier one, with the petitioner alleging that the ECI was violating the Supreme Court's directions. The petitioner relied on the same judgment cited in the earlier case as well.

It stated that the ECI provided details of various initiatives undertaken by it to raise awareness about NOTA. These initiatives included awareness programs through mobile demonstration vans, electoral literacy programs conducted at different locations, advertisements in leading national dailies, distribution of voter guides, and awareness activities after the last day of candidate withdrawal.

The court examined a pamphlet titled "Chunav Ka Parv, Desh Ka Garv, Lok Sabha Election 2024" received from the ECI, which served as a voters' guide. The pamphlet contained information on the voting process, including the use of EVMs and the NOTA option. It also highlighted the steps taken by the ECI to educate voters and emphasized the importance of voting, the court noted.

“This pamphlet is actually a pictorial guide to the voters in order to make them aware of their rights and duties. It begins with making the voter aware of, (a) the process of registration online as well as off line, (b) verification of details, (c) enrollment as a new voter, (d) method of searching the name in the voters' list, etc. So also, the voter is made aware that a holiday is declared on the polling day to facilitate casting of vote. A catchy statement is also set out as “It is not a holiday, it is a voting day”, the court added.

The court said that the issues raised by the petitioner had already been addressed by the Supreme Court in the People's Union for Civil Liberties case. The Supreme Court had directed the ECI to include the NOTA option in EVMs and undertake awareness programs to educate the masses.

Considering the steps taken by the ECI and the State Election Commission, as well as the petitioner's previous PIL, the court dismissed the current PIL petition.

The court refrained from imposing costs on the petitioner for filing a second petition on the same issue due to him being a PhD scholar. However, the court directed the registry to scrutinize any future petitions filed by him on similar issues before registering them.

Case no. – Public Interest Litigation No. 33 of 2024

Case Title – Suhas Manohar Wankhede v. Election Commission of India & Others

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