DMK Moves Madras High Court Seeking Elimination Of Old EVMs, Live CCTV Coverage Of Voting, Etc.

Hearing the plea, the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy directed the Election Commission to come up with a detailed answer to the several issues raised by the petitioner by March 28.

#MadrasHighCourt issues notice to ECI (@ECISVEEP) on DMK (@arivalayam) plea against using EVMs that are beyond expiry period of 15 years.

The Plea also seeks installation of jammers at strong rooms, live stream during voting & counting of least 50% of VVPATS. (PTI)@mkstalin pic.twitter.com/A8cvOGsxHj

— Live Law (@LiveLawIndia) March 24, 2021

Significantly, the Court in its order noted,

"The primary objects of the Election Commission should be to ensure that the ordinary voter is satisfied that the process is free and fair and that the incidents of booth-capturing or rigging or tampering with machines are reduced to the level of the insignificant."

DMK's plea

Among other things, the DMK has sought that the Election Commission implement its press note dated 21^st February 2021.

As per this press note, it has been decided that web-casting, CCTV coverage, videography, and digital photographing will also be deployed inside critical polling booths and in vulnerable areas to closely monitor the proceedings on the poll day without violating the secrecy of the voting process.

The plea also states that the videography of critical polling stations and even web-casting of the activities inside polling booths are crucial in such regard to dissuade unfair practices being indulged in.

DMK has also prayed that the Election Commission be directed to only use voting machines that are less than 15 years old and to discard the voting machines which are more than 15 years old.

Other demands of DMK

• It should be made mandatory for video graphing or installing CCTV in the places where the voting machines are to be stored prior to the voting machines being sent to the constituencies
• Jammers to be installed outside the strong-rooms where the EVMs are stored after the election is completed;
• Rule 66 of the Conduct of the Elections Rules, 1961 to be followed in its application to Rule 56C and the counting of the printed votes in a polling booth where the paper trail has been maintained.

Court's observations

The Court observed that the political parties should be informed well in advance as to which booths would be regarded as critical booths and which areas vulnerable and the extent of videography, use of CCTV, web-casting and monitoring that may be implemented.

Regarding the prayer to the installation of jammers, the Court said that it does not appear that EVMs are such that could be tampered with without touching them.

"To the best of this Court's knowledge, EVMs may not carry any chips that may be accessed without touch. However, the Election Commission will indicate its considered view of such aspect", added the Court.

Significantly, the Court said,

"A strong case made out for installation of CCTV around the strong-rooms or other places where the EVMs may be considered so that it is foolproof and no unauthorized access may be possible at such places."

Lastly, the Court directed the Election Commission to schedule a meeting with recognized political parties in the State to seek their views on the critical polling booths and vulnerable areas.

The Court also directed it that upon taking into consideration the views of the recognized political parties, a list of the critical polling booths and a list of vulnerable areas ought to be indicated by the Election Commission.

Significantly, the Court also said,

"Since the Election Commission has itself proposed the idea of videographying postal ballots to the larger number of voters exercising their franchise at the ensuing elections otherwise than by attending a polling booth, it is expected that the videography of critical polling booths, the possible web-casting of what actually goes on inside and installation of CCTV would be in much greater extent in the ensuing elections than earlier."

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