Hope Election Commission Will Develop Some Module To Avoid 'Bogus Voting': High Court On MLA's Plea Ahead Of Maharashtra Assembly Elections

The Bombay High Court on Friday (October 18) while dismissing the petition filed by an independent Member of Legislative Assembly (MLA) highlighting the issue of duplicate voter cards, accepted the contention of the Election Commission of India (ECI) that it will be conducting 'free and fair' elections.

A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar hoped that the ECI will develop some 'module' to ensure no 'bogus' voting takes place in the upcoming Maharashtra Assembly Elections.

The bench noted that the MLA Chandrakant Nimba Patil had highlighted the fact that nearly 45,000 voter IDs have been duplicated in the Muktainagar Constituency in Aurangabad. He had filed complaints with the local authorities of the ECI, however, the ECI through its Electoral Registration Officer (ERO) insisted the lawmaker to submit his complaint by filling in the Form 7 as prescribed under the Registration of Electors Rules, 1960. It is only then, the ERO contented, it would look into the issue.

The bench accepted the statement of the ECI, which stated that it was "duty bound to hold free and fair elections and right to vote being a statutory right cannot be denied to any elector by merely filing a complaint. The Election Commission of India has put a very sturdy mechanism to ensure that the right to vote is exercised by each and every eligible citizen."

The bench while accepting the said statement, held that the ECI was 'justified' in its insistence to the petitioner MLA to submit his complaints in the prescribed format under Form 7.

"Those forms have been created with specific intention and now, in view of digitization, everything would be then included in electronic form at one place. This would be easy for the respondents in conducting the elections. The officer filing the affidavit on behalf of authorities has in fact assured that still the upcoming elections would be held fairly and in free atmosphere. We hope and trust that some module would be developed by the respondents so that bogus voting can be avoided," the judges said in the order.

The judges, however, considered one more aspect that since the elections have now been declared it will not be possible for the ECI to consider the huge number of alleged duplicate voters ID only from one constituency. It said that the ECI will not be in a position to suo motu rectify the elector's list as envisaged in Rule 21 of the Registration of Electors Rules.

"But before we part, we will have to observe that certainly there is substance in what the petitioner is saying from the list that has been given by him. Some persons have obtained two or more election cards i.e. ID cards which is certainly offensive. Those persons who have migrated or shifted, their case is different and it has to be by rules or even in respect of those persons, who are dead, the procedure has to be adopted," the judges said.

However, when it comes to obtaining second ID card, when already the previous one is in existence in respect of the same address and ward, then such entries are capable of being corrected, the bench added.

"We hope and trust that at some point of time, that may be before the next elections, the task would be undertaken by the authorities. However, in respect of present petition is concerned, at the cost of repetition, we would say that when ECI authorities are following the statutory rules, then writ of mandamus cannot be issued," the bench said while dismissing the petition.

Appearance:

Senior Advocate Rajendra Deshmukh along with Advocate Amol Joshi appeared for the Petitioner.

Senior Advocate VD Sapkal along with Advocate Alok Sharma represented the ECI.

Advocate AB Kadethankar represented the State Election Commission.

Case Title: Chandrakant Nimba Patil vs State Election Commission (Writ Petition 11123 of 2024)

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