The Bombay High Court on Monday dismissed a public interest litigation (PIL) challenging the Election Commission of India’s (ECI) decision to prohibit mobile phones at polling booths during the upcoming Maharashtra assembly elections.
A division bench comprising Chief Justice D K Upadhyaya and Justice Amit Borkar rejected the petition filed by city-based lawyer Ujala Yadav, which sought to allow voters to carry their phones and present their identity proof via the DigiLocker app, introduced by the Ministry of Electronics & Information Technology.
Court’s Observations
The PIL had urged the court to direct the ECI and the State Election Commission to allow voters to carry mobile phones and use the DigiLocker app to display their identity proof, introduced by the Ministry of Electronics & Information Technology. However, the division bench, comprising Chief Justice D K Upadhyaya and Justice Amit Borkar, disagreed with the petitioner’s arguments.
The bench emphasized that the ECI has the authority to take any necessary measures to ensure the smooth conduct of elections. “The process of holding elections is a cumbersome one, and the petitioner is suggesting that documents be shown via DigiLocker,” the bench noted. The court further clarified that there is no inherent right for individuals to present their documents for verification solely through digital means.
Dismissal of the Petition
The bench concluded that the Election Commission’s decision was lawful and did not constitute any illegality. The petitioner’s concern that voters would be discouraged from voting due to the lack of facilities for depositing phones at polling booths was also dismissed as unfounded. The court stated that such arrangements were within the ECI’s discretion and did not violate any rights.
In its ruling, the Court dismissed the PIL, affirming that the ECI’s decision to prohibit mobile phones at polling stations is within its powers to ensure the orderly conduct of elections.
