ENSURE THAT THE NAME, PHOTOGRAPH AND SYMBOL OF THE PARTY ARE SUFFICIENTLY CLEAR SO THAT VOTERS CAN MAKE AN INFORMED CHOICE - KERALA HC

9th April 2021

Recently the Kerala HC disposed of a petition by registered political party 'Twenty 20' concerning the visibility of the party's symbol on EVMs.

The Petitioner claimed that the symbol, name, photograph of its candidate were not clear in the EVMs slated to be used during the Kerala Legislative Assembly Poll on 6th April 2021. The Petitioner further contended that the respondents (Election commission of India, Chief electoral officer, district collector, three returning officers of different departments) did not treat every candidate equally. Moreover, every citizen has a constitutional right to make a valid choice after properly understanding the candidates, names and symbols.

Respondents submitted photographs of EVMs, their photographs, symbols. The sharpness pictorial of the symbols may vary as it depends upon the shape and colour of the symbols. All efforts have been made to conduct free and fair elections, and interference of court at this stage will only affect the free election.

Judgment

Any direction given to the respondents at this stage is probably going to hamper the election process. Therefore, there is no question of giving any direction to the respondents. In the circumstances, the writ petition is disposed of directing the respondents to ensure that the name, photograph and symbol of the petitioner-Party are sufficiently clear so that voters can make an easy and informed choice.

Author: Papiha Ghoshal

PC: Indian Express