Bihar police invoke election laws over EVM photo violations
Four voters in Bihar have been booked by the police for allegedly taking photographs of Electronic Voting Machines (EVMs) inside polling booths and sharing them on social media during the first phase of the Assembly elections held on Thursday. The cases were registered in Ara, Gopalganj, and Saran districts, officials confirmed on Friday.
According to district election officials, two persons in Gopalganj and one each in Ara and Saran were charged after their social media posts showing EVM images came to light. The posts were quickly circulated online, prompting immediate action from local authorities.
It was stated that these actions constituted a clear violation of the Model Code of Conduct (MCC) and relevant provisions of the Representation of the People Act, 1951, which mandate complete secrecy of voting. Police said an investigation had been launched to determine how the accused managed to carry mobile phones inside the polling booths, as such devices are not permitted within the voting premises.
Photographing EVMs in Polling Booths Violates Law, ECI Warns
The Election Commission of India (ECI) has reiterated that photographing electronic voting machines (EVMs) or inside polling booths is strictly prohibited. Such acts violate Section 128 of the Representation of the People Act, Rule 49M of the Conduct of Election Rules, and Section 188 of the IPC. Offenders may face imprisonment, fines, or both.
Secrecy of voting is a fundamental right, and mobile phones or cameras are banned in booths to prevent misuse for vote-buying, intimidation, or coercion. District Election Officers and police have been directed to intensify surveillance and frisking.
Similar violations have been reported in Bihar, Uttar Pradesh, Maharashtra, West Bengal, and Telangana in past elections, showing recurring challenges despite strict enforcement.
Why the Secrecy of Voting Matters
The secrecy of voting is considered the cornerstone of India’s electoral process. It ensures that every voter can make a free choice without fear, pressure, or external influence. The Election Commission maintains that even an inadvertent photo revealing a voter’s preference can compromise this principle and influence others.
Officials added that sharing such images on social media platforms gives an impression of campaigning inside polling stations, which is strictly banned. Therefore, every such act is viewed seriously by election authorities.
Ongoing Investigation
Police officials in Bihar stated that the accused individuals are being questioned, and their mobile phones and social media accounts have been seized for examination. The extent to which the photos were circulated online is also being investigated. Further legal action will be taken based on the outcome of the inquiry, officials said.
The Election Commission has directed all district authorities to take preventive measures during the next phases of polling to ensure that such violations do not recur.