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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna
Pratap Chandra – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
ORDER :
1. The present writ petition has been filed seeking directions to the respondents to affix coloured photographs of the candidates on the Electronic Voting Machine (“EVM”)/Ballot Papers.
2. This Court notes that the notification dated 16th March, 2015, issued by the Election Commission of India, with regard to photographs of the candidates on the Ballot Papers, stipulates as under:
“xxx xxx xxx
4. Having considered all aspects of the matter, the Commission in partial modification of its existing directions under Rule 22, Rule 30 and Rule 49B of the Conduct of Elections Rules, 1961, hereby specifies that for elections to be held from 1st May, 2015 onwards, the postal ballot papers, the ordinary ballot papers and the ballot papers to be displayed on the balloting unit of EVM shall, in addition to the particulars as per the existing directions, also contain the photograph of the candidate. The photograph of the candidate shall be printed in the panel for the name of the candidate and shall appear on the
The Election Commission must consider stakeholder input and ensure uniformity in election procedures regarding candidate photographs on ballot papers.
The assertion of illegal votes without substantial evidence fails to establish a justiciable claim; a petitioner must first demand justice from relevant authorities before seeking judicial interventi....
The High Court cannot interfere in ongoing elections; electoral grievances must be addressed through an Election Petition after the election, as stipulated in Article 329 of the Constitution.
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
(1) Electronic Voting Machines [EVMs] – Unless substantial evidence is presented against EVMs, current system will have to persist with enhancements – Regressive measures to revert to paper ballots o....
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