Following a series of complaints against the provision for punishing people with fines and imprisonment in case their complaint against a mismatch in their vote and VVPAT reading cannot be corroborated during verification before election officials, the Supreme Court, while hearing a PIL on the matter, has now issued notice to the EC.
CJP was the first complainant when we wrote to the Election Commission highlighting how provisions of Rule 49 MA of the Conduct of Elections (Amendment) Rules 2013 can be a deterrent to the democratic process by discouraging genuine complainants.
Under this provision, the complainant is required to give a written declaration that says, “I am aware of the penal provisions of section 177 of the IPC that I shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, if the declaration given by me in para 1 above to the Presiding Officer appointed under section 26 of the RP Act, 1951 is found to be incorrect.”
The rule not only puts the fear of punishment in the complainant, it also fails to take into account the possibility of mismatch due to malfunction or hacking.
Activist Philose Koshy had also raised the issue in his letter to the EC. Mumbai based lawyer Sunil Ahya then filed a PIL highlighting how placing the onus of proving the complaint would dissuade people from coming forward. Ahya’s petition also said, “This may also create an illusion of free and fair elections, whereas the fact would be that people have simply not come forward to lodge complaints.” The petition prays for a direction to the EC to set aside rule 49MA.