Maharashtra Speaker Nana Patole asks legislature to frame law to give voters option between ballot paper & EVM

In a significant move which may have a far reaching impact on the debate about whether EVMs can be tampered with, Maharashtra Assembly Speaker Nana Patole has asked the state legislature to frame a law to give voters the option of using ballot papers besides EVMs in the local governing bodies’ poll and state Assembly polls.

Nagpur-based lawyer and social activist Satish Uke and Pradeep Uke had filed an application before the Speaker last month, following which a meeting was called by the Speaker on Tuesday.

According to a statement issued by Patole, State Medical Education Minister Amit Deshmukh and the state’s chief electoral officer Baldev Singh participated in the meeting that was held in Maharashtra Vidhan Sabha.

“I have asked the state government to frame a law in this connection. The state government can frame a law. In the past, doubts were raised during the elections (about EVM tampering),” Patole said.

“Voting is a fundamental right, and one should have the option of casting a vote using ballot papers or EVM,” he added.

Citing Article 328 of the Constitution, Satish Uke and Pradeep Uke in their application had argued that the state legislature has the right to make a law regarding polls.

“It should be left to people to decide whether they choose EVMs or ballot papers to cast their votes. And it is the legislature’s responsibility to frame a law keeping public sentiments into consideration. Several Opposition parties across the country have in the past alleged tampering of EVMs and demanded reverting to the ballot paper system,” said Satish Uke.

Article 328 of the Constitution reads: “Power of Legislature of a State to make provision with respect to elections to such Legislature Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses”.

It is noteworthy here that several political parties, including the Congress, have in the past urged the Election Commission of India to revert to the ballot paper system, alleging that EVMs were not immune to tampering during polls.

The BJP, in power at the Centre and several states, however, had hit out at the Opposition parties for raising doubts over the credibility of EVMs.

Analysts believe that if the Maharashtra Assembly where Maha Vikas Aghadi – a coalition of Shiv Sena, NCP and Congress – is in power, passes such a law, other states may follow suit.

As per sources, West Bengal Assembly may also consider framing such a law – through the Speakers’ intervention – to provide an option to voters to choose between the ballot paper and EVMs.

“A law making EVMs optional will be no less than a revolution for India’s electorate,” said a political watcher.

West Bengal along with Kerala, Assam and Tamil Nadu are slated to go to polls in April-May this year.