The Kerala High Court recently comprising of a bench of Justice N Nagaresh while disposing a petition relating to the visibility of a party's symbol on Electronic Voting Machines (EVMs), emphasized upon the importance of being able to see the name, photograph, and symbol with clarity.
Underscoring the need for clear symbols/photographs in the election process, the Bench remarked,
"It is important and essential that citizens, who are to caste (cast) vote, are able to see the name, photograph and symbol of all candidates with sufficient clarity. This is essential for any free and fair election."
Facts of the case
The Court was hearing a petition by Twenty20, a registered unrecognized political party.
The party claimed that the name, photograph, and symbol of its candidates in the Kothamangalam, Thrikkakkara and Vypin Assembly Constituencies were not clear and visible in the EVMs slated to be used during the Kerala Legislative Assembly polls on April 6, 2021.
Asserting that every citizen had a valuable constitutional right to make a valid choice of candidate after properly seeing and understanding the candidate, name and symbol, the party's counsel Advocate Blaze K Jose claimed that their candidates and symbols were not given as much prominence as those of other parties.
Therefore, the party sought direction to the Election Commission to ensure that the party's symbols were as clear as those of other candidates on the EVMs.
Contention of the parties
It was the contention of the petitioner that the respondents have not treated all candidates with equal importance. The petitioner therefore prayed that there be a direction to the respondents to ensure that the name, photograph and symbol of the candidates of Twenty 20 Party are clear, prominent and as visible as all other candidates on the electronic voting machine to the election to the Kerala Legislative Assembly to be held on 06.04.2021 in the constituencies of Kothamangalam, Thrikkakkara and Vypin.
The learned Standing Counsel for the 1st respondent stated that all efforts have been made for conduct of free and fair election to all the Assembly Constituencies in Kerala and any interference of this Court at this stage would affect the free flow of electoral process. The Hon'ble Apex Court has time and again held that the High Courts shall not pass any orders in exercise of the powers under Article 226 of the Constitution of India which would cause obstruction to the free flow of electoral process.
The Standing Counsel for the 2nd respondent submitted that in Ext.P3 photograph of electronic voting machine, the photograph and symbol of the candidate belonging to the petitioner-Party are clearly visible. The sharpness of pictorial symbol may vary slightly depending upon the symbol. The petitioner has no reason to feel aggrieved.
Court's Observation & Judgment
The Court ruling out any interference considering that the election is scheduled for April 6, 2021 and that the EVMs were prepared and Postal Ballot collected, reasoned that any direction that may be given to the respondents at this stage is likely to slow down the election process.
The Court said, "Therefore, there is no question of giving any direction to the respondents to make any substitution at this stage".
In the circumstances, the Court stated that it was disposing of the petition directing the Commission to "ensure that the name, photograph and symbol of the candidates belonging to the petitioner-Party are sufficiently clear so that voters can make an easy and informed choice."
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