SC to consider PIL for replacing party symbols with candidates details' in EVMs on October 31

The Supreme Court is scheduled to consider on October 31 a PIL for a direction to publish only the name and other details of candidates in Electronic Voting Machines instead of symbols of political parties in order to ensure equal opportunity to all contestants.

A bench presided over by Chief Justice U U Lalit would take up the petition filed by advocate Ashwini Kumar Upadhyay.

The petitioner contended the democracy in the country was suffering from seven menaces - corruption, criminalisation, casteism, communalism, linguistic divisions, regionalism and nepotism - and the best solution to weed these out is to replace political party symbols on the ballot and EVM with name, age, education qualification and photograph of the candidates.

The facts constituting cause of action accrued on July 1, 2019 and continued when the petitioner came to know that 43 per cent MPs have criminal cases, the plea filed through advocate advocate Ashwani Kumar Dubey said.

Thus, there is an increase of 109 per cent in the number of Legislators with declared serious criminal cases since 2009, it added.

"Use of party symbol on EVM, breaches 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, affects ordinary citizens rights to get elected and puts him to great disadvantage due to reduced winnability factor as independent. Further, the use of party symbol on EVM is arbitrary and irrational because it invites and enables persons with criminal backgrounds to buy ticket from national and state recognised political parties and contest election.

"The functions performed by legislators are vital to democracy and there is no reason why they should be at lower standard than IAS, IPS and Judges. Candidates for judgeship certainly would not be considered at all, if they are looters or criminals. If the legislator, who has to make good laws and amend the Constitution, is involved in corruption, crime, casteism, communalism, linguism, regionalism and nepotism, then he would be disastrous for country and society," the plea said.