New Delhi: The Supreme Court on Monday asked the Election Commission of India (ECI) to explain how an EVM, which can record 1500 votes, would cater to a polling booth having over 1500 voters. The matter came up before a bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar.
The bench asked the counsel, representing the ECI, to explain the position by way of a short affidavit, which would be filed within 3 weeks. The bench said the copy of the affidavit was to be furnished to the counsel of the petitioner. The bench has scheduled the hearing on 17 January.
The plea filed by one Indu Prakash Singh has challenged the Election Commission’s decision to increase the maximum number of voters per polling station from 1,200 to 1,500.
During the hearing, senior advocate Maninder Singh, representing the ECI, opposing the plea, said the allegations against EVMs will continue, and the polling has been happening like this since 2019. The counsel added that political parties are consulted before this.
The CJI asked Singh to file an affidavit explaining it and emphasized that the court is concerned and added that no voter should be troubled.
The petitioner has challenged two communications issued by the Election Commission in August 2024 increasing the number of voters per polling station in each constituency across India. The plea contended that the decision to increase the number of voters per polling booth was arbitrary and not based on any data.
In the previous hearing, on October 24, the apex court had declined to issue any notice to the poll panel but allowed the petitioner to serve the copy to the standing counsel of the Election Commission so that its stand on the issue is known.
The plea contended that the poll panel’s decision would impact the voters during the assembly elections in Maharashtra and Jharkhand (since concluded) and Bihar and Delhi to be held next year.
During the hearing, ECI counsel contended that multiple polling booths within a station ensure a smoother voting process. The counsel emphasised that not all registered voters show up simultaneously. He stressed that all political parties are consulted before any substantial decision is taken by ECI and added that the apex court has upheld that EVMs are credible.
However, the bench asked the ECI counsel to bring on record the justification behind the decision and also measures taken to ensure that voters do not face delays or feel compelled to abandon the process.
The plea highlighted how, in booths with an 85-90% turnout rate, extended queues might lead to 20% of voters either being unable to vote within the designated hours or abandoning the process altogether. The petitioner has moved the apex court through senior advocate Shadan Farasat.
The plea said that it takes 60-90 seconds for an individual to cast their vote. The plea contended that with an average voter turnout of 65.7%, polling stations with 1,500 registered voters could face logistical challenges.
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