MUSCAT: Those who spread fake news on WhatsApp claiming that Non-Resident Indians can vote online in 2019 general elections will be caught and penalised as the Election Commission of India has approached the police to ‘hunt’ the ‘preparators’ who have created confusion and misled the public.

A compliant copy, handed over to New Delhi police, shared on its official twitter handle, the Election Commission states that action should be taken against those who have spread the fake news through WhatsApp using the Election Commission’s logo to spread the fake news that claims NRIs can vote online in the 2019 general polls.

The poll body states in the complaint that the fake news is misleading people, so the matter should be investigated and action should be taken under IPC Section 505 (1) (b) which pertains to ‘public mischief’.

The poll body has also requested the police to investigate the matter promptly and take action according to the IPC Section(s) 463, 471, apart from the Section 3 of State Emblem of India ( Prohibition of Improper use) Act, 2005.

The WhatsApp message spread read that “Hello all, Those who hold Indian Passport can now vote online in 2019 elections. Please register yourself on https://eci.gov.in Please spread the news in different groups,” the WhatsApp message with Election Commission logo read.

Following the spread of the message, Sheyphali Sharan, the official spokesperson of Election Commission of India, had tweeted that “It has come to our notice that the following FAKE NEWS is circulating on some WhatsApp groups.

“It is clarified that you can only apply for voter registration online through nvsp.in portal,” tweet added.

“To cast vote, an Overseas voter may come to his/her designated Polling station with Passport as document for identification,” the official spokesperson added in a following tweet.

NRIs are not allowed to cast online vote now. If they have to vote, they have to fly down to their constituency and cast their vote at their designated polling booths.

It was Dr Shamsheer Vayalil, UAE-based doctor and chairman of VPS Healthcare, along with Nagender Chindam of United Kingdom, in 2013, who filed a Public Interest Litigation (PIL) in the Supreme Court seeking e-voting rights for NRIs.

In 2018, Attorney General KK Venugopal had told the Supreme Court that NRIs could not be allowed to vote by merely changing the rules made under the Representation of People Act and a Bill was needed to be introduced.

The Supreme Court had asked the Centre to decide whether it would amend the electoral law or rules to allow NRIs to vote by postal or e-ballots in the polls in the country.

And to enable NRIs to vote the Representation of People Act 1950 and Representation of People Act 1951 had to be amended.

Fortunately, in order to allow proxy voting by NRIs, Section 60 of the 1951 Act was amended by the Bill, by adding a sub-section.

And the Bill was passed in August 2018 in Lok Sabha.

However, Rajya Sabha session held between January 31 and February 13, this year failed to discuss and pass the Bill.