Today, On 18th November, The Bombay High Court upheld the ban on carrying mobile phones inside polling booths, stating there was no illegality in the restriction. A Public Interest Litigation (PIL) had sought directions to allow voters to carry phones and use the DigiLocker app for identity proof. The court noted that the ban ensures the integrity of the voting process. The Election Commission of India and the State Election Commission were not required to make changes to current rules.
Mumbai: The Bombay High Court stated on Monday that there was no illegality in the Election Commission of India’s (ECI) decision to prohibit mobile phones at polling booths for the upcoming state assembly elections.
A division bench comprising Chief Justice D.K. Upadhyaya and Justice Amit Borkar dismissed a public interest litigation (PIL) filed by city lawyer Ujala Yadav, which challenged the ban on mobile phones during the Maharashtra assembly elections scheduled for November 20.
The PIL sought a court directive for the ECI and the State Election Commission to permit voters to carry phones and to use the DigiLocker app, introduced by the Ministry of Electronics & Information Technology, for identity verification.
The bench remarked that the ECI holds the authority to implement measures to ensure the smooth conduct of elections.
The court noted,
“The process of holding elections is cumbersome, and you (the petitioner) are suggesting to show documents via DigiLocker,”
It further stated that no individual has the right to insist on presenting their documents for verification solely through digital means.
The court concluded as it dismissed the petition,
“We do not find any illegality in the ECI’s decision,”
The case arose from a challenge to the Election Commission’s directive prohibiting voters from carrying mobile phones into polling stations during elections.
The petitioner argued that the directive infringed upon fundamental rights, including the right to freedom of speech and expression. However, the court emphasized that the measure was aimed at ensuring free and fair elections by maintaining the sanctity of the voting process and preventing potential misuse of technology, such as voter intimidation or privacy violations.
The court ruled the directive constitutional and reasonable.
The PIL also argued that the ban would discourage voters from participating in the electoral process, as no arrangements had been made for depositing phones at polling booths.
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