Court issues notice on PIL seeking to remove election symbol from ballot paper, EVM

Agencies
February 27, 2021

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New Delhi, Feb 27: The Delhi High Court has issued notice on a Public Interest Litigation (PIL) seeking direction to State Election Commission to remove election symbol from the ballot paper, including the unit of the Electronic Voting Machine (EVM), in the municipal elections in the national capital.

The Plea states that the election symbols are not required in the presence of photograph of the candidate and the presence of reserved election symbol is ultra-virus the provisions of law enshrined in the Constitution of India and the Delhi Municipal Corporation (DMC), Act 1957. The presence of reserved election symbol is the root cause of corruption in the Corporation.

The Division Bench of Justice DN Patel and Justice Jasmeet Singh on Friday sought response from all the respondents in the matter and slated the matter for April 13th for further proccedings.

The Petitioner, Alka Gehlot is an Ex-Contestant of last municipal election held in 2017 had earlier too approached the Delhi HC in 2019 and that petition was disposed by the court with a direction to the Respondents (including State Election Commission, Delhi) to look into the grievance of the petitioner.

The State Election Commission (SEC) later, refused to grant the prayer of the petitioner without hearing the petitioner on the ground that the Commission cannot make any amendment either in the Act or in the Rules. Further, the SEC refused to grant the prayer of the petitioner on the ground that there is no merit in it and the commission shall continue with the existing impugned provision of putting up election symbol on the ballot paper, plea read.

Advocate HS Gehlot, represented petitioner states that the DMC Act 1957 provides that the councilors to be chosen by direct election on the basis of adult suffrage from various wards which the corporation comprises of without any preference to candidates of political parties. Hence, The SEC ought to conduct election to elect a candidate and not a party. Presence of reserved symbol on the ballot paper is blatant violation of Fundamental Rights and other constitutional rights of the people.

The Plea stated that, Population of Delhi is growing exponentially in violation of NCR Planning Board Act, 1985 and the Municipal Government cannot escape responsibility as most of the corporators are indulged in property dealing or have nexus with them. As a result of unplanned growth Delhi has become one of the most polluted city in the world.

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News Network
March 15,2024

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New Delhi, Mar 13: The Supreme Court on Friday took exception to the State Bank of India (SBI) for not disclosing complete details of Electoral Bonds, including unique alfa numeric numbers, furnished to the Election Commission for uploading on the website.

A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud issued notice to the SBI seeking its response on Monday after the court was informed that the issuing bank for the Electoral Bonds has not disclosed unique alfa numeric number of each bond.

"They have not disclosed the bond numbers. It has to be disclosed by the State Bank of India. All details have to be provided by the SBI," the bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, noted.

Senior advocate Kapil Sibal said as per the Constitution bench judgment of February 15, 2024, all details were to be disclosed.

Solicitor General Tushar Mehta submitted since the SBI was a party to the judgment, notice may be issued to it.

The court said the counsel for SBI should have been here.

"If you see the judgment, we have specified that bond numbers have to be provided," the bench said.

Advocate Prashant Bhushan appeared for the main petitioner Association for Democratic Reforms (ADR).

On an application by the EC, the bench said the details of Electoral Bonds furnished by the poll panel before the top court should be scanned and returned to it for the purpose of uploading on the website.

The Election Commission through advocate Amit Sharma filed a plea in the Supreme Court seeking a direction to release data on electoral bonds furnished to the top court in terms of previous orders of April 12, 2019 and November 2, 2023.

As per March 11, 2024 order, the Election Commission on Thursday uploaded the data on electoral bonds furnished to it by the SBI.

However, in an application, the poll panel said it had furnished to the Supreme Court a number of sealed envelopes, containing details on EBs encashed by the political parties, during the course of hearing in the matter.

It sought a direction for the return of those sealed envelopes to comply with the directions to upload it on the website as per order of March 11.

On Monday, the Supreme Court had told the SBI to furnish details of purchasers of Electoral Bonds and names of political parties redeemed those instruments by March 12 to the Election Commission, rejecting its plea for extension of time until June 30 for the purpose.

It had then directed the Election Commission to publish the information provided by the SBI on its website on March 15.

In its February 15, 2024 judgment, the SC had declared the Electoral Bonds scheme, introduced in 2018 for donation to political parties, as "unconstitutional" for being violative of the right to information.

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News Network
March 26,2024

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Hyderabad: The K Chandrashekar Rao-led Bharat Rashtra Samithi faces big questions as shocking allegations of state police officers tapping the phones of then Opposition leaders in Telangana, including current Chief Minister Revanth Reddy, celebrities and businessmen come to the fore.

The surveillance, it is alleged, was also used to blackmail businessmen into contributing huge amounts to the BRS party fund.

The BRS is yet to respond to the allegations.

Three senior police officers have been arrested in this connection and a lookout notice issued against T Prabhakar Rao, former chief of the state intelligence bureau, who is reportedly in the US now.

Police have said two senior officers - Additional Superintendent of Police Bhujanga Rao and Additional Superintendent of Police Thirupathanna - have admitted to illegal surveillance and destruction of evidence.

According to reports, Ravi Paul, a technical consultant with the state intelligence bureau under the then BRS government, had allegedly helped import and set up phone-tapping equipment near the residence of Mr Reddy to listen in on his conversations.

The equipment, it is alleged, was imported from Israel using a software company as the front. No permission from the Centre - a must for such imports - was taken, it is learnt. With this setup, anything spoken within a range of 300 metres could be heard, reports say.

Ravi Paul, it is alleged, set up an office near Mr Reddy's residence and installed the device. Police are set to question him in this connection.

Lookout notices have also been issued for Sharvan Rao, who runs a Telugu TV channel I News, and Radha Kishan Rao, a police officer with the city task force.

The surveillance was not restricted to Opposition leaders. Top businessmen, including real estate dealers and jewellers, and celebrities were also under surveillance. In fact, the tapping of phone conversations led to the divorce of a celebrity couple, reports say.

To add to the BRS's troubles, Chief Minister Reddy has received a complaint from Sharan Chaudhary, a businessman and a BJP leader, alleging that senior police officers kidnapped him last year and forced him to sign off a plot of land to a relative of former minister and BRS leader Errabelli Dayakar Rao.

Mr Chaudhury has alleged that Radha Kishan Rao and senior police officer ACP Umamaheswara Rao kidnapped him on August 21 while he was on his way to office. He has alleged that he was illegally detained and forced to register his property in the name of Vijay, a close relative of the minister. He was also forced to pay ₹ 50 lakh before they let him go.

The businessman has said he had approached the High Court after the incident, but Uma Maheshwar Rao threatened to file false cases against him and forced him to withdraw the petition.

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News Network
March 15,2024

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Bengaluru, Mar 15: Former Karnataka chief minister and senior BJP leader B S Yediyurappa was booked under the Protection of Children from Sexual Offences (Pocso) Act on Thursday for allegedly sexually assaulting a minor at his residence in Bengaluru last month.

Yediyurappa, 81, was booked after a woman lodged a complaint saying that she visited his residence on February 2 seeking justice in a rape case against her daughter and sought that a special investigation team (SIT) be formed to look into the case.

According to the first information report (FIR), Yediyurappa allegedly took the minor to a room, closed the door and sexually assaulted her. The woman further alleged in the FIR that when she confronted Yediyurappa, he said that he was checking if the girl was raped or not. Yediyurappa later allegedly apologised and asked the woman not to reveal the matter to anyone.

The Sadashivanagar police in Bengaluru have registered a case under Section 8 (commit sexual assault) of the Pocso Act and Section 354 (a) (sexual harassment) of the Indian Penal Code (IPC).

Reacting to the allegations, the former CM said that around one-and-a-half months ago, they (the victim and her mother) had come to his house seeking help and he had taken them inside. 

“After listening to her, I called the city police commissioner B Dayananda over phone seeking to address her problem. Later, they spoke against me and I then suspected that there is some health problem with her. I sent them to city police commissioner’s office. I even gave her some money as they were in distress. I came to know that an FIR has been registered and will look into it. But this is what I get for helping someone,” he added.

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