The Kerala HC in, Ramesh Chennithala v. Election Commission of India directed the respondents to ensure that there is no double voting on election day. The Court said that prima facie on account of evidence produced by the petitioner it seemed that there was in fact discrepancy in the elect.
Facts
The Petitioners in the instant case contended that there were multiple entries of the voters in various places including 3,24,441 double votes and 1,009,601 bogus votes in the final electoral roll published on 20.01.2021 spreading over 131 constituencies. It was stated that various complaints were made to the Election Commission to correct the electoral roll but no steps have been taken considering the fact that the elections were scheduled for 6th April 2021. The instant petition was filed to seek directions for the respondents to take immediate action and rectify the electoral roll published for the Kerala Assembly Election.
Petitioner’s Contention
The Petitioners have stated that the respondents should be directed to delete or freeze, fake or multiple votes to ensure that such voters are not permitted to vote in the election in any polling booth. The Petitioner has also sought criminal action against those who are responsible for and those who abetted or aided the facilitation of the electoral roll. The Petitioners also exhibited evidence to show that indeed there were instances where people’s photos existed under two different names. The names and the serial numbers also differed. The counsel submits that despite representation there is no response and thus the petitioner is constrained to approach this court.
Reply by Respondent
The Respondents on the other hand stated that at times when a voter shifts his residence and goes to some other place, there are possibilities of registering twice. Therefore, demographical multiple entries are made. The counsel however states that the concerned officer has been informed and efforts are taken to avoid multiple voting.
Court’s Observation
The court after hearing the sides stated that they were of the view that discrepancies do exist in the electoral roll. The court stated that such a voter list would facilitate voters to cast their vote twice which is not permissible under law. The Court thus directed ECI to ensure that there is no double voting by any voter. Election Commission should also ensure that sufficient state / Central force is posted at all voting places, to ensure fair and democratic election.
Case Details
WP(C) 8034/2021
Coram- CJ S. Manikumar, J. Chaly
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