While the Kerala Supreme Court denied a petition for the political party’s symbol to be visible on the electronic voting machine (EVM), it stated that voters should know the candidate’s name, photo and symbol in order for an election to be free and fair with the utmost clarity.
The bank found that this electoral requirement is underestimated and violates the rights of voters as they have the right to be well informed before making an election for their representatives.
The immediate petition was filed by a registered unrecognized political party, Twenty20, alleging that the name, photo and icon of their candidates in three constituencies of the assembly were in the EVMs used for the Kerala Legislative Assembly surveys are not planned for April 6, 2021.
The petitioner stressed that it is the constitutional right of a voter to know the basic details of the candidates. However, the details of her party’s candidates are not as clear as those of other parties. On this basis, the petitioner asked for an instruction from the Electoral Commission to ensure that the details of all parties are clear and visible.
The opposing party, representing the electoral commission, submitted a photo to the EVM clearly showing the name and symbol of each party, claiming that any judicial interference would affect the free flow of elections.
After examining the arguments of both parties, the bank stated that issuing an instruction to respondents at this stage could slow down the electoral process and therefore declined to issue an instruction to the electoral commission.