Ulwe-based RTI activist and social worker Rajiv Mishra has raised concerns about the use of EVM machines for the upcoming corporation elections, instead he has demanded that at least 30% of the seats be contested using ballot papers.
On January 27, Mishra along with representatives of the Maharashtra Aghadi Vikas (MVA) submitted a memorandum to the Chief Electoral Officer of Maharashtra and the State Election Commissioner, urging compliance with the legal framework governing elections.
Mishra pointed out that the Representation of People’s Act 1951, particularly Sections 59 and 61 'A', and the Election Conduct Rules of 1961, provide provisions for conducting elections either by ballot paper or EVM. Section 59 mandates that elections should be conducted using ballot papers, while Section 61 'A' offers the option of using EVMs in specific constituencies through notification. "The use of EVM across the ACT or the rule book is an option to ballot paper, the submission of the memorandum was necessary to remind the commission its own rules formulated for conducting free and fair elections," said the activist.
Highlighting the legal ambiguity, Mishra questioned how elections could be conducted entirely through EVMs when the law allows for both methods. Through the memorandum the activist has attempted to make the election commision aware that it does not have the right to disregard this dual-option provision, as outlined in the 1988 amendments to the Act, " as per the amendment EVMs can be used alongside ballot papers, primarily to address concerns such as booth capturing and bogus voting, nowhere is it mentioned as the only means," said Mishra.
Mishra stated. He has urged the Election Commission to adhere to the law and conduct elections according to the established rules, particularly in the upcoming corporation elections. "“I was unaware of these provisions in the Act, but now that I’ve accessed them, I, with political backing, are determined to get the provisions implemented accordingly," he said.
The political leaders present while the submission of the memorandum included Raj Rajapurkar, Member of Parliamentary Committee, NCP (SP), Anand Dubey, Spokesperson Shiv Sena(UBT), Vidya Chauhan, Ex. MLA, NCP(SP), Pravin Mhatre, Airoli City President, Shiv Sena(UBT), Rajeev Mishra, Social Activist, Avdhesh Shukla, Rajya Sangathak, Shiv Sena(UBT), Kanhaiya Lal Yadav, Social Activist, Ashok Suryavanshi, Dy. President Navi Mumbai, NCP(SP), G S Patil, Working President Navi Mumbai, NCP(SP), Prabhakar Singh, Working President Hindi Bhashi Cell Maharashtra State, NCP(SP) and Tukaram Kadam, Block President Nerul, Congress.
