The Supreme Court on Tuesday declined to entertain a PIL for replacing political party symbols with details of the candidates in Electronic Voting Machines, in order to provide equality of opportunity to all contestants.
The top court, however, asked the Union government and the Election Commission to consider a representation by petitioner advocate Ashwini Kumar Upadhyay in this regard.
A bench of Chief Justice U U Lalit and Justice Bela M Trivedi said the court cannot entertain a PIL under Article 32 of the Constitution in this regard.
The bench pointed out the election is integrally connected to the political party which backs the particular candidate. It also referred to the Tenth Schedule which recognised legislative party and political party.
Upon hearing senior advocates Vikas Singh and Gopal Sankaranarayanan on behalf of the petitioner, the bench said ends of justice would be met if the representation is considered by the authorities concerned.
During the hearing, Singh said symbols of political parties in EVMs violated equality and equal opportunities to candidates. He said candidates with criminal backgrounds easily obtained tickets from political parties affecting the prospects of genuine ones working hard in the constituency.
Attorney General R Venkataramani opposed the plea, saying the voters make their choices before coming to EVMs to cast their votes. He said he didn't think the petition can stand.
On this, Singh said the authorities concerned should deliberate on the issue.
In his plea, Upadhyay contended 43 per cent sitting MPs have reported criminal cases against them.
He also claimed use of party symbol on EVM breached the rights guaranteed under Articles 14-15 read with Articles 325-326 of the Constitution as it prevents free exercise of right to vote due to use of money power by candidates, affecting ordinary citizens rights to get elected and puts him/her to great disadvantage due to reduced winnability factor as independent.