Opposition raises EVM tampering claims in Kairana, Noorpur
LUCKNOW May 28: Even as the polling for the high-stakes by-elections to Kairana and Noorpur assembly constituencies is underway, the opposition has raised concerns about the reported malfunctioning of voting machines in some areas.
"Upchunav mein jagah jagah se EVM kharab hone ki khabrein aa rahi hain, lekin phir bhi apne matadhikar ke liye zaroor jayen aur apna kartavya nibhayan," Samajwadi Party president Akhilesh Yadav said on Twitter.
It loosely translates to "getting reports of problems in EVMs in the by-election, but still voters should go out and vote".
SP spokesman Rajendra Chaudhary said 140 EVMs were tampered with in Noorpur and that similar reports have come in from Kairana.
"BJP wants to avenge their defeat in the earlier bypolls in Gorakhpur and Phulpur anyhow and win the ongoing polls," he said. RLD spokesman Anil Dubey echoed the Samajwadi Party's claims.
He said there were reports of EVM malfunctioning in both the constituencies, especially areas dominated by the RLD-SP combine.
"We (RLD and SP) are going to meet the chief electoral officer to lodge a formal complaint in this regard," Dubey added.
courtesy : economictimes.indiatimes.com
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
