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'It is for publicity,' Supreme Court rejects plea for breathalyzer tests at polling booths

The legal representative representing the Janavahini Party's Andhra Pradesh unit argued that due to the implementation of the model code of conduct, voters should not be permitted to cast their votes while under the influence of alcohol.

Shantanu Poswal
Last Updated : Wednesday, 10 April 2024
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The Supreme Court, on Wednesday, rejected a petition that sought breathalyser tests for voters in queues at every polling booth during elections. The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, declined to overturn the Andhra Pradesh High Court's decision to dismiss the plea, remarking that it seemed more like a case of "publicity interest litigation."

The bench made clear its stance, stating, "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." The initial move had been made by the Andhra Pradesh unit of the Janavahini Party, which had approached the high court, only to have its plea turned down on February 28.

The high court's rationale for rejecting the petition was that the petitioner had not cited any specific legal provision mandating the Election Commission of India to conduct breathalyser tests on voters before they could cast their votes. The party had raised concerns about voters being under the influence of alcohol while exercising their franchise.

The Janavahini Party challenged the Election Commission's inaction on their representation from January 6, which requested the implementation of breathalyser tests at polling booth entry points. They sought a directive to the poll panel to ensure that only voters free from alcohol influence could vote, suggesting the use of breath analysers as a solution.