
That they couldn’t vote this time required a lot of explaining unlike in the past. There had been sustained campaigning to bring the electorate to the electronic voting machines (EVMs), besides peer pressure. Some vote-deprived citizens actually tried to keep their fingers, devoid of the indelible ink mark, hidden from public glaze.
But, they indeed have the right to raise a finger at the functioning of the election commission (EC), which enjoys the monopoly in conducting, supervising and controlling elections.
Can a voter sue the EC for the gross negligence? Is he a consumer who gets the benefit, or otherwise, of a duly-elected legislative assembly or Lok Sabha? If yes, is the easy-to-invoke Consumer Protection Act applicable to his grievance due to ‘deficiency of service’ by EC? Alternatively, could he seek the indulgence of a high court or the Supreme Court for denial of his fundamental right to vote? What relief can the court give when it is beyond judicial power to order repolling as it amounts to interference in the independent functioning of EC?
In other words, the sustained campaign initiated by the EC to drive out people from their homes to the polling station makes it far more responsible towards people’s right to participate in the voting process.
The EC’s job is to ensure free and fair elections. If people’s names are struck from electoral rollsan election can’t be termed as totally fair. It is high time, the EC and lawmakers sat together and evolved a mechanism for maximum participation of voters.
The EC has made arrangements for at least 714 million eligible voters. The 828,000 polling stations are equipped with 1.3 million EVMs and 6.5 million personnel are deployed to ensure peaceful polls. The Centre allocated Rs1,120 crore for election expenses in this year’s budget. There’s no dearth of expertise and resources. It’s time the right to vote is guaranteed to every citizen.
