During the hearing, Justices Vikram Nath and P.B. Varale suggested that the matter should be placed before the same bench. Senior advocate Gopal Sankaranarayanan, representing the petitioners, informed the court about the earlier April ruling on EVM-related pleas.
![[Breaking] EVM Verification Plea Should Be Heard by Bench That Delivered April Verdict: Supreme Court](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/EVM.jpg?resize=800%2C450&ssl=1)
NEW DELHI: The Supreme Court of India on Friday (13th Dec) stated that a petition seeking a policy for the verification of electronic voting machines (EVMs) should be referred to the same bench that delivered a judgment in April rejecting calls for the return of paper ballots.
During the hearing, Justices Vikram Nath and P.B. Varale suggested that the matter should be placed before the same bench.
“Why don’t this matter go before the same bench?” Sankaranarayanan informed the court about its April judgment on a batch of pleas over EVMs.
Justice Nath reiterated the suggestion, emphasizing that the relief sought in the current petition would require interpreting or modifying the directions issued in the April 26, 2024, judgment.
Justice Nath reiterated, “That’s exactly what I am saying. This plea should be presented before the same bench.” The bench then added, “As we understand it, the reliefs sought in this petition under Article 32 of the Constitution of India would necessitate the interpretation, modification, or implementation of the directions issued by this court in the judgment dated April 26, 2024…” In its April 26 ruling
In that verdict, the Supreme Court dismissed concerns about EVM tampering, declaring them “unfounded” and affirmed the security of the machines, which were designed to prevent booth capturing and bogus voting.
Senior advocate Gopal Sankaranarayanan, representing the petitioners, informed the court about the earlier April ruling on EVM-related pleas.
However, the Court allowed unsuccessful candidates who secured second and third places in elections to request verification of the microcontroller chips in 5% of the EVMs per assembly constituency, subject to a written request and a fee.
The petition was filed by former Haryana minister Karan Singh Dalal and five-time MLA Lakhan Kumar Singla, who requested the implementation of a protocol for verifying the original “burnt memory” of four EVM components.
They argued that the Election Commission (EC) had failed to establish a clear policy for the verification process, as mandated by the Supreme Court’s April ruling. The petitioners clarified that they were not challenging the election results but were seeking a more thorough verification mechanism.
The petitioners have asked the Supreme Court to instruct the EC to conduct the verification within eight weeks. Meanwhile, election petitions challenging the results are pending before the Punjab and Haryana High Court. The BJP emerged victorious in 48 out of the 90 assembly seats in the most recent Haryana elections.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
