“Corrupt Electoral Practices?”: Haryana Assembly Election Results Challenged in Supreme Court

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A petition has been filed in the Supreme Court seeking re-elections for 20 assembly seats in Haryana due to discrepancies in electronic voting machines (EVMs). The plea highlights issues like EVM battery levels, with some machines operating at 99% capacity while others were below 80%, raising concerns about electoral integrity.

New Delhi: A petition has been filed in the Supreme Court seeking a re-election in 20 assembly seats in Haryana, alleging discrepancies in the functioning of electronic voting machines (EVMs) during the recent election. The petitioners, Priya Mishra and Vikas Bansal, through advocate Narendra Mishra, have raised concerns over the accuracy of results, citing irregularities in EVM battery capacities during the counting process.

The Election Commission of India (ECI) had declared the election results based on the performance of the EVMs. However, it was revealed that while some EVMs were operating at 99% battery capacity, others were functioning below 80%. Specifically, EVMs used on October 8, 2024, exhibited a range of battery capacities, with some running as low as 60-70%. This inconsistency, particularly within the same polling stations, raised doubts about the reliability of the machines used in the election.

The petitioners cited a complaint filed by the Indian National Congress with the Election Commission, in which Congress candidates raised concerns about these discrepancies with the Returning Officers. Despite these concerns, there was reportedly little to no response from the officials in many places, prompting allegations of corrupt electoral practices.

The petition highlighted, Some EVM Machines were functioning at 99 per cent battery capacity and some are below 99 per cent but up to 70 per cent,” emphasizing the need for an investigation into how the EVMs were charged. The petitioners also pointed to suspicious changes in the turnout percentages. According to the ECI, the turnout data published on October 5, 2024, was 61.19%, which later increased to 65.65%, and eventually reached 67.90% on October 7, 2024. This unexpected rise in voter turnout just before counting hours further fueled doubts about the election’s transparency.

“No clarification about 99 per cent to 70 per cent charged of EVM battery,” the petition stated, adding that these irregularities suggest that the EVMs may have been powered by an additional energy source, which, according to the petitioners, is “physically not possible without any source of additional energy.”

Given these concerns, the petition urged the Supreme Court to direct the Election Commission to conduct a re-election in the affected 20 Vidhan Sabha constituencies. The petitioners emphasized that the EVMs used for counting on October 8, 2024, were not functioning uniformly, with some machines operating at 99% battery capacity while others operated at 60-70%.

Additionally, the petition called for the ECI to publish all three turnout data along with Form 17C, which details the voting data, and ensure the secure storage of EVMs and the declaration of election certificates.

The petitioners have invoked Article 32 of the Constitution, which allows citizens to approach the Supreme Court directly in cases where their fundamental rights are violated. The plea seeks to protect the democratic process from being undermined by electoral irregularities and to ensure free and fair elections, in line with the People Representation Act, 1951, and Conduct of Election Rules, 1961.

The Supreme Court is now tasked with addressing the petition’s call for action, with the petitioners advocating for the safeguarding of the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India. If accepted, this case could have significant implications for the way electoral discrepancies are handled and investigated in future elections.

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