A Bench consisting of Justices Sanjiv Khanna and PV Sanjay Kumar deemed the petition’s allegations vague and a misuse of the legal process.
NEW DELHI: The Supreme Court on Tuesday(20th Aug) dismissed a Public Interest Litigation (PIL) filed by advocate Mehmood Pracha, which alleged that the Election Commission of India (ECI) violated election rules regarding the use of Electronic Voting Machines (EVMs).
A Bench consisting of Justices Sanjiv Khanna and PV Sanjay Kumar deemed the petition’s allegations vague and a misuse of the legal process.
What are these vague allegations? These writ petitions are a blatant misuse of the legal process. We don’t even know when these photos you’ve attached were taken. What is this? Form a committee under the Supreme Court. We took up this matter earlier with full awareness of the issue,”
observed the Court.
Anyone aggrieved by an election-related issue can file an election petition with the appropriate High Court. If there’s an issue, the relevant authorities will address it. For any concerns specific to a constituency, you may file an election petition within that jurisdiction,”
commented Justice Khanna.
This petition is filled with sweeping allegations. We are not inclined to entertain this,”
the Bench ultimately decided while dismissing the PIL.
The Bench criticized the writ petition, questioning the evidence provided and expressing doubt over the timing of the photographs submitted. They made it clear that individuals with concerns about elections should approach the relevant High Court with an election petition.
The petition, which called for a high-powered committee to investigate the ECI’s actions, was rejected by the Court for its broad and unclear allegations. Previously, on April 26, the Supreme Court had also dismissed a plea to match every Voter Verifiable Paper Audit Trail (VVPAT) slip with votes cast via EVMs, affirming the procedures in place as conducive to free and fair elections.
The petition argued,
“The Petitioner has provided evidence such as videography, photographs, letters, and documents, demonstrating that the ECI has acted arbitrarily without implementing the necessary safeguards for a free and fair election. Continuation of such arbitrary practices will harm future elections in India.”
Pracha’s PIL aimed to address alleged violations by the ECI and mishandling of EVMs during elections. It also sought the enforcement of laws and rules to improve election protocols. Additionally, the petition called for periodic monitoring of the ECI’s election preparations and for the appointment of an ombudsman or committee to oversee the ECI’s functioning.
The petition was filed by advocate RHA Sikandar, with advocate Tasneem Ahmadi representing Pracha.
The petitions that came before the apex court had also challenged a decision by the election authorities in 2017 to replace the transparent glass on Voter Verifiable Paper Audit Trail (VVPAT) machines with an opaque one, which only allows voters to see the slip when a light is on for seven seconds. This change was part of the grievances brought before the court.
Earlier, Justice Dipankar Datta’s remarks were part of a broader discussion as India embarked on its seven-phase Lok Sabha polls, which began on April 19 and are set to conclude with the announcement of results on June 4. This electoral process underscores the ongoing commitment to maintaining and improving the robustness of India’s democratic procedures.
Justice Datta concluded by affirming the judiciary’s commitment to uphold the rule of law, ensuring that all actions related to governance remain accountable and transparent, particularly when valid concerns warrant judicial intervention.
Case Title: Mehmood Pracha v. Union of India and Others
