Bombay High Court, led by Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, directs litigant Nixon D’Silva to present EVM manipulation prevention suggestions to Election Commission, noting jurisdictional constraints.
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MUMBAI: Recently, The Bombay High Court, led by Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, has instructed litigant Nixon D’Silva to present his suggestions regarding the prevention of Electronic Voting Machines (EVMs) manipulation directly to the Election Commission of India (ECI), citing that the issue lies beyond its jurisdiction.
The legal proceedings were initiated when D’Silva filed a public interest litigation (PIL) on April 19, seeking the implementation of his suggestions for removing any potential rigging of EVMs. D’Silva, a social activist, mentioned his plea before the division bench seeking an urgent hearing.
“Provide your recommendations to the ECI. Is this the court’s responsibility? Are we merely a postal service? Your suggestions should be reviewed by them, shouldn’t they? Go ahead and present your suggestions. What is our function in this matter?”
-remarked the Chief Justice.
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During the court session, D’Silva put forth his first suggestion, stating-
“Introducing a lottery mechanism could guarantee impartial placement of candidates’ names on EVMs, thereby eradicating any potential for manipulation.”
D’Silva also suggested that the order of candidate names on the EVMs should be decided differently for each voting booth in the presence of stakeholders and polling officers.
He emphasized-
“This step would help in avoiding predictability and lowering the chance of interfering with the election outcomes.”
The petitioner claimed that his suggestion was cost-effective as it could work around existing EVMs and would eliminate the need for Voter Verifiable Paper Audit Trail (VVPAT) machines.
The Chief Justice, while acknowledging D’Silva’s concerns, emphasized that it was not the court’s role to directly intervene in matters pertaining to the functioning and design of EVMs.
He suggested-
“The Election Commission ought to take your recommendations into account. You should present them directly to them. What is our function in this matter?”
The Bombay High Court’s decision to redirect D’Silva to the Election Commission reflects the separation of powers and the respect for the jurisdiction of each institution. It highlights the significance of engaging the appropriate authorities responsible for electoral processes to address concerns related to EVM manipulation effectively.
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Case Title:
Nixon D’Silva v. Election Commissioner & Ors.