[Lok Sabha Elections] Voter Fraud by CPI(M) | After ECI Assurance, HC Closes Plea

The Kerala HC Today (April 24th) closed two petitions which claimed that the Communist Party of India (Marxist) [CPI(M)] was engaging in voter fraud in Vadakara and Attingal constituencies in the upcoming Lok Sabha elections.

Thank you for reading this post, don't forget to subscribe!

Kochi: The Kerala High Court today concluded its review of two petitions alleging potential voter fraud by the Communist Party of India (Marxist) [CPI(M)] in the Vadakara and Attingal constituencies ahead of the upcoming Lok Sabha elections. These petitions were initiated by election agents of Congress candidates.

Justice Shoba Annamma Eapen presided over the case and was reassured by the measures detailed by the Election Commission of India (ECI) to uphold the integrity of the electoral process. The ECI’s assurances included plans to webcast all activities at polling stations in the contested constituencies and the deployment of micro-observers at critical polling stations.

Further, the ECI highlighted the implementation of safety protocols, including the stationing of Central Armed Police Forces (CAPF) at polling booths to ensure a secure voting environment.

Additionally, the ECI addressed the concerns regarding voter list accuracy by informing the court of ongoing efforts to identify and rectify double entries in the final voters’ list. Once identified, the list of voters marked as absentee, shifted, or deceased (ASD) will be made available to the candidates or their election agents, ensuring transparency.

In her ruling, Justice Eapen emphasized the fundamental principles of democracy, stating,

“In a constitutional democracy, the government is a government, of the people, by the people and for the people; and each of us have a participatory role in electing the government. On the day of election, the vote that each citizen casts, counts as of the same value. So, our constitution and our law provide for one citizen, one vote and one value. That is the great power of our nation as a constitutional democracy.”

The court’s decision to close the petitions reflects confidence in the electoral safeguards and procedures established by the ECI to prevent voter fraud and ensure a free and fair election, thus safeguarding the democratic process.

Advocate Praveen Kumar, serving as the Chief Election Agent for INC candidate Shafi Parambil in Vadakara, raised serious allegations in his petition. He claimed that the Communist Party of India (Marxist) [CPI(M)] had a history of casting bogus votes using the identities of deceased individuals or those unable to vote due to being abroad or elsewhere. Kumar highlighted concerns about the possible complicity of some polling and police officers who might be biased towards CPI(M).

Kumar’s petition emphasized the necessity of video recording the entire voting process at all 1,186 polling stations in Vadakara to ensure transparency and fairness, in line with ECI guidelines. Additionally, the recent setting off of a country bomb, purportedly by CPI(M) workers, was mentioned as evidence of a potential threat to the safety of voters and rival party workers on election day. Consequently, Kumar urged the deployment of central forces to safeguard all polling booths.

The second petition was filed by Varkala Kahar, Chief Election Agent for Congress candidate Adoor Prakash in the Attingal constituency. Kahar’s concerns centered around alleged irregularities in the preparation of the voter’s list, which reportedly contained double entries-a fact purportedly confirmed through an RTI query. The petition accused state government employees, involved in preparing the list, of facilitating these discrepancies.

Kahar requested judicial intervention to ensure that individuals with duplicate entries in the voter list are identified and prevented from voting more than once. Additionally, he sought the deployment of central forces at all polling stations in Attingal to maintain order and prevent any undue influence on voters.

In response to these allegations, the Kerala High Court, led by Justice Shoba Annamma Eapen, decided to close the petitions after hearing from the Election Commission of India (ECI). The ECI assured the court of comprehensive measures to ensure a fair electoral process. These measures included webcasting activities at all polling stations in Vadakara, posting micro-observers at critical polling stations, and enforcing stringent security protocols, including the deployment of Central Armed Police Forces (CAPF).

The court’s decision was influenced by the ECI’s proactive steps to address the concerns raised in the petitions and its commitment to maintaining the sanctity and security of the electoral process. This decision underscores the judiciary’s trust in the electoral body’s preparedness to manage and oversee elections transparently and fairly.

CASE TITLE:
Advocate K Praveen Kumar v. The Election Commission of India & Ors.

Click Here to Read Previous Reports on Lok Sabha Elections

FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES