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A petition was filed by K Sathyan, local of Kerala through his advocate Kaleswaram Raj. The petition highlights the necessity to introduce the e-voting system corresponding with modern times and technology. The Supreme Court has asked for a response from the Election Commission of India and also the Central Government on the plea which was filed to allow the citizens to vote virtually. The petition stated that the election must be conducted in a fair manner so that the usage of data and Electronic Voting Machines can be reduced.
The plea states that the students, NRIs, migrant workers, and employees are not able to give their vote because it is not possible for them to be present physically in the election booth and so, it is necessary to introduce the e-voting system so that the people can give their votes virtually. And, thus these people will not be alienated from giving their votes. It was observed by the Court that due to the inability to be present physically, people are usually deprived of their right to vote. The petitioner stated that deprivation of the right to votes had consequently led to the breach of the provisions under the Indian Constitution and so, it leads to the inability of the Constitution to protect and conduct free elections.
The petitioner also prayed that the e-voting must be extended because many people are not able to come to the constituency. A question was raised before the Bench of Chief Justice of India SA Bopde and Justices AS Bopanna and V Ramasubramaniam whether to consider the plea. According to Section 60 of the Representation of People’s Act, the term ‘certain other classes’ refers to the persons who are stationed outside of their constituency. It was stated that efficient security must be put on the site so that the chances of manipulation of data and EVM is reduced. The petitioner prayed that the CCTVs must be installed and the blind people and other people with disabilities must be assisted by their relatives or election officials while voting. It was mentioned in the petition that free elections form part of the basic structure of the constitution.
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