EC gets notice challenging jail term for questioning EVMs


New Delhi, Apr 29 (IANS): The Supreme Court on Monday issued notice to the Election Commission on a plea challenging the legal provision mandating six months jail for questioning the Electronic Voting Machines (EVMs).

The court issued the notice on a petition seeking the decriminalization of the act of filing complaints regarding discrepancies between EVMs and VVPATs.

According to section 49 MA of Code Of Election Rules, if a person files a complaint regarding the discrepancy (voted for a particular party but it went to some other party) regarding the EVM, and, if after investigation this is found to be false or incorrect, then the complainant can be prosecuted under section 177 of IPC for "furnishing false information. This section invites six months in jail or a Rs 1,000 fine or both".

Petitioner Sunil Ahya contended before the court that such a clause deters an elector from reporting any discrepancies observed at the time of casting vote.

"Deviant behaviour and lodging a complaint which is an essential ingredient in a continuous exercise for improving the electoral process," said the petitioner.

  

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Comment on this article

  • S. Francis, Udupi

    Mon, Apr 29 2019

    Today the most corrupt, spineless, incompetent public institution is Indian Election Commission. They have sold their soul, body everything to Modi & Shah duo. I am sure, this time it is going to be easy win for Modi Government with the help of this cheater Election Commission. Or else, just see after all the wrong doings and Zero development by this Government, still this man is confidant that he is going to win. One of the CEO of this corrupt EC accepts that EVMs are malfunctioning after being caught red handed by the people who witnessed the voters are going to BJP only and other day he says all the voters gone to Congress. Such a shameless, corrupt liers from top to bottom are there in EC. Shame on these corrupt institutions and shame one people who are supporting and believing the EC.
    People of India, who all had belief in our democracy and constitution, think that the end of our great democracy is nearing.

    DisAgree Agree [1] Reply Report Abuse

  • El En Tea, Mumbai

    Mon, Apr 29 2019

    Why BJP is on moun vrath on faulty EVM?

    DisAgree Agree [5] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Apr 29 2019

    We wonder why all defective EVM's vote only for BJP ..

    DisAgree [1] Agree [11] Reply Report Abuse

  • Neel, Kuwait

    Mon, Apr 29 2019

    today all the prestigious institution of India are held hostage by Modi Govt. So we cannot blame EC for their helplessness in issuing such odd orders

    DisAgree [1] Agree [7] Reply Report Abuse

  • Ahmed, Mangalore

    Mon, Apr 29 2019

    There will be many more harsh rules coming in the next 5 years. People will have to tolerate many tough decisions which will be taken by the government in the national interest. No one can complain. You may lose your citizenship if you complain.

    DisAgree Agree [10] Reply Report Abuse

  • Ramesh, Kudla

    Mon, Apr 29 2019

    Nobody will stop you questioning with valid proof. EC tells questioning without any evidence & questioning the EVM to misguide the people will be punishable.

    DisAgree [17] Agree [3] Reply Report Abuse

  • sunitha, udupi

    Mon, Apr 29 2019

    dictatorship of modi..hitler did same..thank got not hang elector for questioning....maybe coming soon

    DisAgree [1] Agree [32] Reply Report Abuse


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