The Election Commission of India (ECI) filed a plea in the Bombay High Court requesting the release of seized Electronic Voting Machines (EVMs). The petition also calls for the election results from the Ratnagiri-Sindhudurg constituency to be annulled, citing concerns about the integrity of the process. The ECI has further urged the court to order fresh elections for the Lok Sabha seat in this constituency.
Mumbai: The Election Commission of India (ECI) moved the Bombay High Court, seeking the release of 1,944 Ballot Units and 1,944 Control Units that are currently in the custody of the District Election Officer.
These voting machines are required for upcoming Assembly elections but remain tied up in a legal dispute regarding the 2019 Lok Sabha election in the Ratnagiri-Sindhudurg constituency of Maharashtra.
The application, filed through advocate Abhijit Kulkarni, is part of a plea by former Shiv Sena (UBT) MP Vinayak Raut, who challenged BJP leader Narayan Rane’s election from the Ratnagiri-Sindhudurg constituency, accusing him of winning through “fraudulent means.”
Kulkarni argued before Justice Sarang Kotwal’s bench that the Electronic Voting Machines (EVMs) should be released since the current case “does not involve disputes over vote counting or the functionality of the machines themselves.”
The rules mandate that the data stored in Electronic Voting Machines (EVMs) cannot be erased or reused for approximately 45 days after an election. This period allows candidates to file any election petitions if they have objections, making the EVM data critical evidence. During this time, the EVMs are held by the Election Returning Officer, who is responsible for their maintenance.
The petition seeks to annul the election results from the Ratnagiri-Sindhudurg constituency and requests the Election Commission of India (ECI) to conduct fresh elections for the Lok Sabha seat. As an interim relief, the plea also asks for an order restraining Narayan Rane from functioning as the Member of Parliament for Ratnagiri-Sindhudurg.
The election for the parliamentary constituency took place on May 7, with counting completed by June 4. Rane won with 4,48,514 votes, while Vinayak Raut secured 4,00,656 votes, losing by a margin of 47,858 votes.
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The petition highlights multiple instances of alleged violations of the Model Code of Conduct (MCC) and the Representation of People Act, asserting that the Chief Electoral Officer of Maharashtra failed to take necessary action.
It also references a speech made by Nitesh Rane, Narayan Rane’s son and an MLA from the area, in which he allegedly threatened to allocate budgets based on voting behavior, even though his father’s candidacy had not been officially announced at that time.
Despite Raut’s complaints to the Election Commission, no action was taken, which, according to the plea, encouraged Rane’s supporters to intensify pressure on voters.