Supreme Court Refuses To Entertain PIL For Replacing Party Symbols On EVMs With Age, Educational Qualification Of Candidates

The Supreme Court today refused to entertain a PIL seeking a direction to the Election Commission to remove party symbols from ballots and electronic voting machines (EVMs) and put age, educational qualification and photograph of candidates instead.

A Bench comprising Chief Justice Uday Umesh Lalit and Justice Bela M Trivedi said that a representation may be made by petitioner, Advocate Ashwini Kumar Upadhyay to the poll panel or other authorities which may, in turn, consider it.

Besides seeking removal of party symbols from ballots and the EVMs, the plea said such a move will help electors vote and support intelligent, diligent and honest candidates and "control the dictatorship of political party bosses in ticket distribution".

The Petitioner had contended in the Writ Petition that  when the framers opted parliamentary system of democracy based on 'adult franchise', they had not bargained for the 'law breakers becoming law makers' and that ADR reports confirm that the trend for last 25 year has been increasingly towards criminalization, and now 43% of MPs have criminal cases.

The Petitioner had also contended that the direction as sought by him should be issued in order to provide "equal opportunity to contesting candidates and to weedout corruption, criminalization, casteism, communalism, regionalism, linguism and nepotism, the seven menaces of our democracy".

"ADR analyzed self-sworn affidavits of 539 out of 542 MPs of the present LokSabha. Election in Vellore constituency was cancelled and 3 MPs were not analyzed due to unavailability complete affidavits on ECI website at the time of analysis. Out of 539 MPs, 233(43%) MPs have declared criminal cases against themselves. Out of 542 winners analyzed after 2014 election, 185 (34%) had declared criminal cases against themselves and out of 543 winners analyzed after 2009 LokSabha election, 162 (30%) had declared criminal cases against themselves", the Petitioner said in the plea. 

The Petitioner had also contended that "There is an increase of 44% in the number of Loksabha MPs with declared criminal cases against themselves since 2009, and the root cause of this bizarre situation is the use of political party symbol on Ballot Paper and EVM. Presently 159(29%) MPs have declared serious cases including cases related to rape, murder, attempt to murder, kidnapping, crimes against women etc. Out of 542 winners analyzed after 2014 LokSabha election, 112 (21%) had declared serious cases against themselves. Out of 543 winners analyzed after 2009 LokSabha election, 76 (14%) had declared serious criminal cases against themselves". 

Cause Title: Ashwini Kumar Upadhyay v. Union of India & Ors.