Kerala High Court: Raja Vijayaraghavan V J., while allowing the present petition, discussed the importance of free and fair elections and further issued necessary directions for the conduct of local self-government elections.
Background
The present petition was heard jointly with WP (c) 27590 of 2020 and WP (c) 27596 of 2020, filed by candidates/election agents raising apprehensions of threats and violence by the rival party workers on the days leading to the election to the Local Self Government Institutions in the State of Kerala. In all these cases, the petitioners assert that their opponents, who owe allegiance to the party in power, would get support from the executive machinery of the State and neither them nor their party workers will be permitted to approach the voters and convince them in a free manner. They contend that there would be violence on polling day and there is a reasonable possibility of their booth agents as well as the voters being threatened and obstructed. According to them, if the atmosphere in and around the polling booth is not peaceful, it would prevent voters from venturing out and casting their vote. In some of the writ petitions, the petitioners contend that their constituency is politically very sensitive and there have been incidents of poll violence during the last elections. According to them, technology has progressed to such an extent that it is perfectly possible for the Election Commission to set up cameras in and around the polling booth and carry out web casting which would dissuade the troublemakers from interfering with the election process. In some of the writ petitions, directions are sought to be issued to the Election Commission to ensure that impersonation of voters and casting of bogus votes are avoided. They also request that enough contingent of law enforcement officers be deployed to maintain peace and calm in and around the polling stations so that the voters can exercise their franchise and elect their person of choice.
Observations
Court issued directions to specific authorities so to ensure proper conduct of elections, in addition to laying down the Constitutional idea behind creating Part IX and Part IX-A of the Constitution. It said, “The Panchayats and Municipalities are ‘institutions of self-governments’ and their seats are filled up in a democratic manner by direct elections. The local bodies are responsible for the implementation of various centrally-sponsored, State-funded, and externally-aided schemes for poverty alleviation, employment generation, sanitation, capacity building, women’s social and economic empowerment apart from the provision of basic amenities and services. In other words, under the Constitutional scheme, for a more effective development at the grass-root level, vast powers are granted to the local self-government institutions.”
With respect to free and fair elections, the Court noted, “It needs no reiteration that it is in the interest of the citizenry that elections to the local body are conducted in a free and fair manner and well-meaning candidates, who are honest and competent, with integrity and good conscience, get elected to the local bodies. It is in order to effectuate the said purpose that an independent Election Commission has been constituted in each of the States in the country for superintendence, direction and control of the electoral rolls. The duty cast upon the Election Commission to conduct and manage the election with the aid of the State Government machinery is onerous.”
Court further gave instructions to the authorities involved in the conduct of elections, in the order as follows;
Police protection to the candidates and their election agents
With respect to the pleadings made by the Government pleader, to accord proper police protection throughout elections, the Court remarked, “From the statistics it appears that about 1.68 lakhs persons have submitted nominations. It would not be possible for the police to extend protection to each and every candidate. However, in those petitions, wherein the candidates or their election agent have submitted complaints complaining of threat before the police, the Superintendent of Police of the area shall take note of the threat perceptions and grant protection to the candidates and their agents.”
Facility for webcasting and video recording of election proceedings
With respect to the prayer made for allowing video recording, the Court noted, “Since the Election Commission has taken the decision to identify the polling booths on the threat perceptions and intelligence reports given by the police, this Court will not be justified in interfering with the discretion of the Election Commission and the high level officers of the State in that regard. Though ideally, videography ought to have been provided in all booths due to the resource limitations it would not be possible to undertake such an activity. However, the Election Commission has identified accredited videographers and the candidates will be at liberty to approach the District Electoral Officer and on payment of necessary fees by the person as authorised by the candidate or his election agent, the Commission shall permit videography to be carried out.”
Maintaining peace and tranquility on Election day
Court permitted zero tolerance policy in hypersensitive constituencies and moreover said, “Even in polling stations which have not been categorised as sensitive and in those cases wherein the candidates or the election agents are before this Court in these writ petitions, enough number of police personnel shall be posted to rule out any incidents of violence or election malpractice.”
Prevent electoral malpractices such as impersonation and bogus voting
Addressing the present issue, the Court observed, “The grievance regarding impersonation and bogus voting though raised by the petitioners, such a possibility would be non existent as the issuance of valid voter IDs and the availability of the photograph of the voter in the voters slip and the provisions of the Act with regard to identification of voters would obliterate such issues.”
Decision
Court disposes the present batch of petitions, issuing directions aforementioned.[Lijina M.V v. State of Kerala, 2020 SCC OnLine Ker 7148, decided on 11-12-2020]
Sakshi Shukla, Editorial Assistant has put this story together