New Delhi, June 5
The Election Commission may “revisit” a rule that provides for prosecution of an elector if a complaint of EVM and VVPAT machine malfunction turns out to be false, Chief Election Commissioner Sunil Arora has said.
“Now that the current elections are over, we will probably be discussing it internally whether it should be modified, softened etc ... we may revisit it,” he said. Arora was responding to a question on the penal provision that many feel is unwarranted.
A voter who claims that the electronic voting machine (EVM) or the paper trail machine did not record his or her vote correctly is allowed to cast a test vote under Rule 49 MA of the Conduct of Election Rules.
But, if the voter fails to prove the mismatch, poll officials can initiate action against the complainant under Section 177 of the IPC. Section 177 deals with cases of false submission.
It says the person “shall be punished with simple imprisonment for a term that may extend to six months, or with fine which may extend to Rs 1,000, or with both...” The EC has all along maintained that if there is no penal provision, people may make false claims.
The penal provision is used as “an exception very very very rarely”, Arora said.
He said the intention of the provision must have been to “discourage” those who want to “disrupt” the electoral process by making such complaints.
In April, the Supreme Court had sought a response from the poll panel on a plea seeking setting aside the rule that provides for prosecution of an elector if the complaint alleging malfunctioning of EVMs and VVPAT machines turns out to be false. — PTI
from The Tribune http://bit.ly/2wFqdL4
via Today’s News Headlines
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