On Monday(9th Sept), The Delhi High Court rejected AAP leader Somnath Bharti’s plea for access to the EVM data used in the New Delhi constituency. However, the court ordered the preservation of VVPAT slips to maintain transparency.
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NEW DELHI: The Delhi High Court, on Monday(9th Sept), delivered verdict in a case involving Aam Aadmi Party (AAP) leader Somnath Bharti, rejecting his plea for access to the burnt memory of Electronic Voting Machines (EVMs) used in the New Delhi constituency during the Lok Sabha elections. This case has brought to light the ongoing legal scrutiny of electoral processes in the country, and while Bharti’s petition faced a setback, the court ensured transparency in other aspects by directing the preservation of Voter Verified Paper Audit Trail (VVPAT) slips.
Justice Manmeet PS Arora, who presided over the case, clarified the court’s position, rejecting Bharti’s request to access the data stored in EVMs used during the elections.
The court stated that, in light of upcoming elections-
“there is no necessity to retain the EVMs,”
further explaining that it would be impractical to lock these machines for future use due to ongoing litigation.
The court emphasized that EVMs could be repurposed for other elections, allowing election officials to efficiently manage resources.
Justice Arora’s verdict further noted that-
“the request for access to EVM data was rejected,”
making it clear that the machines are critical for the upcoming polls and need to be made available.
While denying Bharti access to the EVM data, the Delhi High Court ensured that another crucial aspect of the electoral process would be safeguarded—VVPAT slips. These slips are a key component of India’s voting system, allowing voters to verify that their vote was cast correctly, and play an important role in ensuring electoral integrity.
As part of the ruling, the court ordered the Election Commission of India (ECI) to extract the VVPAT slips from their respective drop boxes and securely store them in paper envelopes.
“The VVPAT paper slips must be securely stored until further notice”
-Justice Arora said, reinforcing the importance of maintaining transparency during legal proceedings.
This decision highlights the balance between the practical necessity of reusing EVMs and ensuring that vital records from the election are preserved for potential future scrutiny.
Somnath Bharti’s petition is part of a larger legal challenge, as he has contested the legitimacy of BJP MP Bansuri Swaraj’s victory in the New Delhi seat. Bharti has cited alleged corrupt practices during the elections, accusing the BJP of electoral malpractice, which he claims undermined the integrity of the voting process.
Although the court denied his request for access to the EVM data, the preservation of the VVPAT slips is likely to play a significant role in Bharti’s case. The slips could serve as potential evidence in his ongoing legal battle, where Bharti aims to demonstrate that inappropriate methods were used to influence voters.
“The preservation of VVPAT slips is a key element of his challenge,”
-remarked one of Bharti’s legal representatives.
It is believed that these paper slips might provide insights into the voting patterns and could support Bharti’s claims regarding the election’s conduct.
Bharti’s legal challenge includes several allegations of electoral misconduct. His petition not only questions the victory of Bansuri Swaraj but also points to broader concerns about the conduct of polling agents during the election.
Bharti alleges that-
“polling agents used inappropriate methods to influence voters,”
casting doubts over the legitimacy of the voting process in the New Delhi constituency.
