Mumbai: The Bombay High Court on Monday said there was no “illegality” in the circular issued by the Election Commission of India (ECI) prohibiting the use of mobile phones at polling booths in the upcoming state assembly elections.
A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar dismissed a public interest litigation filed by city-based lawyer challenging the use of mobile phones at polling booths in the Maharashtra assembly elections scheduled on November 20.
The PIL filed by Ujala Yadav had sought that the court direct the ECI and the State Election Commission to allow voters to carry phones so they can show documents of their identity proof through the DigiLocker app introduced by the Ministry of Electronics & Information Technology.
ECI opposed the plea contending that the circular was issued to ensure free and fair and fearless elections. Considering the technology in mobile phones, there are chances of its misuse.
The court agreed with the apprehension expressed by the ECI regarding misuse of the technology available in today’s mobile phones.
“ECI has argued that such a prohibition has been made with a purpose which is to ensure that elections are held not only in a free and fair manner but also in a fearless manner. The circular has a direct objective to be achieved which is smooth and violence less elections,” the court noted in its order. Also, technology in its mobile phones gives rise to apprehension of its misuse, hence it is not permitted to carry mobile ph0nes inside polling booths.
The court also noted that the ECI has powers to introduce any measures for smooth functioning of the election process. “As it is, the process of holding elections is a cumbersome process. It (mobile phones) may appear to be very innocuous. There can be potential misuse. It has been very difficult for this country to check violence during elections earlier… And in this you (petitioner) are saying show documents in digilocker,” the judges said.
The court emphasised that no right is vested in any person to show their document for verification only on their phones through digital lockers. “We are not inclined to interfere as we do not find any illegality in the (ECI) circular,” the bench said while dismissing the petition.
