After ECI assurance, Kerala High Court closes plea alleging voter fraud by CPI(M)

The Kerala High Court on Wednesday closed two petitions which claimed that the Communist Party of India (Marxist) [CPI(M)] was engaging in voter fraud in Vadakara and Attingal constituencies in the upcoming Lok Sabha elections [Advocate K Praveen Kumar v. The Election Commission of India & Ors.].Single-judge Justice Shoba Annamma Eapen was satisfied with the submissions made on behalf of the Election Commission of India (ECI) that it will be webcasting the activities at all polling stations in Vadakara and that micro-observers will be posted at all the critical polling stations. She also recorded the poll body's submission that all safety measures have been taken to ensure free and fair election including deployment of Central Armed Police Forces (CAPF) at poll booths. The judge also noted ECI's submission that no person will be allowed to cast unauthorized votes. The ECI also informed the Court that the process for identifying double entries in the final voters’ list is under process and once the list of double-entry voters is ready, the ASD (absentee/shifted/dead) voters’ list will be furnished to the respective candidates or to their election agents. .While disposing of the petitions, the Court also underscored the need to ensure safe voting for all citizens. "In a constitutional democracy, the government is a government, of the people, by the people and for the people; and each of us have a participatory role in electing the government. On the day of election, the vote that each citizen casts, counts as of the same value. So, our constitution and our law provide for one citizen, one vote and one value. That is the great power of our nation as a constitutional democracy", the Court said. .The two petitions were filed by election agents of Congress candidates..The first one was filed by advocate Praveen Kumar who is the Chief Election Agent of Indian National Congress (INC) candidate, Shafi Parambil, who is standing for election from the Vadakara constituency. The Lok Sabha election in the constituency, which is scheduled to take place on April 26, is expected to be a close race between Parambil and CPI(M)'s KK Shailaja.Shailaja was the Health Minister of Kerala during the previous left government and had received widespread acclaim for her tackling of Nipah virus outbreak in 2018 and COVID in 2020.In his petition, Kumar claimed that CPI(M) cadres cast bogus votes in every election in the constituency in the names of persons who are dead or abroad or working elsewhere. He also alleged that there are polling officers and police officers who have affiliations with the CPI(M) party.It was contended that unless the entire polling process is videographed as per the circulars issued by the Election Commission of India (ECI), fairness cannot be ensured in the upcoming polls.Kumar also pointed out that a country bomb was set off recently in the area which according to police reports was allegedly done by CPI(M) workers.This shows that there is a high chance that voters and rival party workers could be attacked on the day of the election, he argued.Therefore, he urged the Court to order the ECI and the Chief Electoral Officer, Kerala, to deploy central forces in the 1,186 polling booths at the Vadakara constituency.He also sought orders to video record the entire polling process in the 1,186 booths without compromising the anonymous nature of voting..The second petition was filed by Varkala Kahar, the Chief Election Agent of Congress candidate Adoor Prakash, who is standing for election from the Attingal constituency.This petition alleged that there has been fraud in the preparation of voters list as those entrusted with it are employees of the State government. The petitioner contended that there are double entries in the voters list and that the same has been confirmed via an RTI query as well.On this ground, Kahar prayed that the names that appear twice be identified and not be allowed to cast their votes in more than one place. He also sought for deployment of central forces at all booths in the constituency..The petitioners in both cases were represented by Senior Advocate George Poonthottam and advocates Nisha George, AL Navaneeth Krishnan and Sidharth R Wariyar.[Read Orders]