‘Publicity Interest Litigation’: SC Rejects Plea for Breathalyser Test at Polling Booths

The Supreme Court on Wednesday rejected a petition seeking a breathalyser test of voters waiting in line at each polling booth during elections.

A bench of Justices Sanjiv Khanna and Dipankar Datta declined to intervene with the Andhra Pradesh High Court’s decision to dismiss the petition, stating, “It is more of a publicity interest litigation.”

Advocates representing the Andhra Pradesh chapter of the Janavahini Party argued that since the model code of conduct is in effect, no voter should be permitted to vote while under the influence of alcohol.

The bench responded, “What is this? It is for publicity. On polling day, it is a dry day, and police personnel are deployed everywhere. We will not entertain this. Dismissed.” Initially, the Andhra Pradesh branch of the Janavahini Party had approached the high court, which rejected the plea on February 28.

The high court noted that the petitioner did not cite any specific legal provision that would compel the Election Commission of India to ensure that every person entering a polling booth undergoes a breathalyser test before being allowed to vote.

The political party contested the Election Commission’s inaction regarding its January 6 representation, which requested the installation of breathalyser devices at the entry point of queues at every polling booth, allowing only sober voters to cast their ballots.

It sought a directive instructing the Election Commission to install breathalyser devices at the entry points of polling booth queues and to permit only sober voters to exercise their right to vote.