SC refuses to entertain petition seeking prosecution of voters indulging in electoral malpractices

The Supreme Court on Monday refused to hear a petition seeking direction to the Election Commission of India (ECI) to prosecute the voters who indulge in electoral malpractices during the ongoing Lok Sabha elections.

A bench headed by Chief Justice Ranjan Gogoi told the petitioner to approach the High court with their plea.

The petition in this regard was filed by a Karnataka-based society Lancha Muktha Karnataka Nirmana Vedike.

In its plea, the petitioner had stated that it is an offence for a voter to demand or receive money in exchange

or gratification to cast or otherwise deal with his vote.

The petitioner pleaded the ECI to exercise its powers under Article 324 of the Constitution and prosecute voters who indulge in electoral malpractices.

"The Parliament of India has empowered the Election Commission of India through the enactment of the Representation of People Act and various rules and regulations," the petition read, adding that these laws and provisions would stand "frustrated" so long as the Election Commission refuses to enforce the provisions to punish voters for voter-induced fraud.

The petitioner also contended that the ECI sends out voluminous directives repeatedly to its personnel with a claim of securing a free and fair election, without recognising that its practice of not prosecuting voters for voter induced fraud essentially frustrates most of those directives.