INDRA CHANDRA TIWARI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) BY this petition the petitioner seeks a direction to the effect that booth-wise counting of votes be declared to be illegal on the ground that it does not lead to free and fair polls. According to the petitioner, who appears in person the ballot papers from the polling booths should be brought to one place and then all of them should be mixed together before counting the same so that the trend of voting at a particular polling booth is not disclosed.

(2.) AS per para 7 of the reply of the Election Commission of India, the Election Commission decided to use electronic voting machines (for short E. V. M.) in all the ASsembly Constituencies in the State of Rajasthan and in the three other States, which went to poll on 1. 12. 2003. It is also pointed out that in the State of Mizoram in the poll, which was held on 20. 11. 2003, E. V. Ms. were used.