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The Supreme Court on Friday directed that a copy of the PIL seeking usage of personal details including qualification(s) of a political candidate on EVM's instead of party symbols, be served upon the Attorney General for India.

A bench of Chief Justice of India, SA Bobde, Justice AS Bopanna & V. Ramasubramaniun took up the PIL seeking appropriate writ or directions to the ECI to use Name, Age, Qualification and photograph of contesting candidates on Ballot and EVM instead of symbol of political parties so as to “weed out corruption, criminalization, casteism, communalism, regionalism, linguism and nepotism, the seven menaces of our democracy.” The PIL has been filed by Advocate and Activist Ashwini Kumar Upadhyay.

Senior Advocate Vikas Singh appearing for the Petitioner argued before the Top Court that the usage of party symbols leads to corruption and criminalisation of politics.

The Bench directed to serve notice upon the learned AG but noted that no notice be issued on the plea at this stage.

The plea states that ballot and EVM without political party symbol shall have many benefits, namely,

(a) It will help electors to vote and support intelligent diligent and honest candidates, which is not possible in today’s scenario.

(b) It will not only weed out casteism and communalism from our democracy but also control use of black money and benami transaction in election.

(c) Ballot and EVM without political party symbol will control dictatorship of political party bosses in ticket distribution and forced them to give ticket to those who religiously work for people’s welfare.

(d) Our democracy will be free from the grip of political party bosses.

(e) Ballot & EVM without political party symbol will control nepotism and favouritism, one of the gravest menace to our democracy

(f) Political parties will be forced to give tickets to local candidates rather than parachute candidates.

(g) Ballots and EVMs without party symbol will not only control the criminalization of politics but also keep check on the middle-man and political brokers.

(h) It will open gateway for social activists, educationists, jurists, intellectuals and public welfare spirited honest people to enter into politics and work for betterment of society.

(i) The entry of honest and diligent people in Parliament and State Assemblies will lead to formation of better laws for people’s welfare.

(j) Intelligent diligent and honest MPs will utilize MPLAD funds effectively.

(k) Efficiency of Parliament and State Assemblies will increase ten times.

(l) It will control regionalism-linguism, which have become a serious threat to democratic political system.

(m) Long pending reforms viz. election reform police reform judicial reform education reform administrative reform industrial reform agriculture reform labor reform tax reform constitutional reform will be done within year.

The plea further says that, use of Party symbols breaches the rights guaranteed under Articles 14-15 read with Articles 325-326 of the Constitution; “Use of party symbol on Ballot-EVM is arbitrary and irrational because it invites and enables criminal backgrounds to buy ticket from National and State recognized political parties and contest election. A person convicted of rape, extortion, kidnapping and murder can come back into the electoral arena. A person guilty of corruption, terrorism etc., can become a candidate of National and State recognized parties. Take the case of 2G, CWG, Coal scam accused coming back to election arena through National & State recognized parties. Would they not affect the elections with money and muscle power, offsetting the valuable freedom to vote without fear or favour? The question to be asked is in the context of ‘little man’s audit’, will such an audit be free? The answer is clearly no, as it cannot be. Principle of one man one vote is based on freedom to vote in a fair election and ‘fair’ denoting equal opportunity, which is impossible without removing symbol from Ballot and EVM.”

Case Title: Ashwini Kumar Upadhaya Vs. Union of India & Ors.