In a rare step, the Supreme Court summoned EVMs from a Haryana village Sarpanch election, recounted all booths’ votes in Delhi, and changed the winner from Kuldeep Singh to Mohit Kumar. The entire process was videographed.
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NEW DELHI: In an extraordinary decision that may be the first of its kind in India, the Supreme Court of India has ordered Electronic Voting Machines (EVMs) and election records from a village Sarpanch election in Haryana to be brought directly to the court for a fresh vote recount.
This rare action was taken after a dispute over the Sarpanch post in Buana Lakhu village, Panipat district.
The Bench of Justices Surya Kant, Dipankar Datta, and N Kotiswar Singh took this step after controversy surrounded the election result. Initially, Kuldeep Singh was declared the winner of the Sarpanch election held on November 2, 2022. However, Mohit Kumar challenged the result in court.
The Additional Civil Judge (Senior Division)-cum-Election Tribunal of Panipat, on April 22, 2025, ordered a recount of votes for booth number 69. The Deputy Commissioner-cum-Election Officer was told to recount on May 7, 2025. But this decision was later overturned by the Punjab and Haryana High Court, leading Mohit Kumar to approach the Supreme Court.
On July 31, 2025, the Supreme Court took the unusual step of summoning the actual EVMs and other election materials from Panipat. Instead of recounting votes from just one booth, the court ordered a recount for all booths.
The Court’s order stated:
“Taking into consideration the peculiar facts and circumstances of this 1 case, the Deputy Commissioner and the District Election Officer, Panipat, Haryana is directed to produce all the EVMs before the Registrar of this Court, to be nominated by the Secretary General, at 10 a.m. on 06.08.2025. The nominated Registrar shall recount the votes, not only of the disputed booth but of all the booths. The recounting shall be duly videographed. The petitioner as well as the respondent no.1 or their authorized agents shall remain present at the time of recounting.”
Following the court’s order, on August 6, 2025, the recount was conducted in the presence of representatives from both sides and their lawyers. Booths 65 to 70 were recounted. The new tally showed Mohit Kumar getting 1,051 votes, while Kuldeep Singh got 1,000 votes.
The Registrar submitted a report to the court confirming the revised result. On August 11, 2025, the Supreme Court said there was no reason to doubt the report since the entire process was video recorded and signed by both parties’ representatives.
The Court then declared Mohit Kumar as the winner and set aside the High Court’s earlier order.
The Bench ordered:
“The Deputy Commissioner-cum-Election Officer, Panipat is, accordingly, directed to issue a Notification in this regard within two days declaring the appellant as the elected Sarpanch of the above-mentioned Gram Panchayat. The appellant shall be entitled to assume the said office forthwith and perform his duties.”
The Supreme Court also clarified that while the parties could still raise other issues before the Election Tribunal, the OSD (Registrar)’s report of the Supreme Court would be final and conclusive for the vote recount result.
The court also directed that the resealed EVMs and report be sent to the Election Tribunal to be part of the official record.
- The petitioner, Mohit Kumar, was represented by Senior Advocate Liz Mathew and a large legal team.
- The respondent, Kuldeep Singh, was represented by Senior Advocate Gagan Gupta and his team of lawyers.
What Is EVM?
An EVM, or Electronic Voting Machine, is a device used in Indian elections to record and count votes electronically instead of using traditional paper ballots.
It has two main parts:
- Control Unit – kept with the polling officer, used to start and stop voting and store results.
- Balloting Unit – kept in the voting compartment where voters press a button next to the candidate’s name/symbol to cast their vote.
EVMs in India are standalone devices (not connected to the internet), which helps prevent hacking. They are designed and manufactured by government-run companies like Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL).
How An EVM Works During Voting In India
1. Setting up before voting
- The Control Unit is kept with the polling officer.
- The Balloting Unit is placed inside the voting compartment so no one can see how a voter votes.
- Polling staff checks the machine is empty of votes before polling starts (this is shown to political party agents present).
2. Authorising each voter
- When a voter’s identity is confirmed from the voter list, the polling officer presses a button on the Control Unit to allow one vote.
- This makes the Balloting Unit ready for that voter to press their choice.
3. Casting the vote
- The voter goes inside the compartment, finds their preferred candidate’s symbol/name, and presses the blue button next to it on the Balloting Unit.
- A red light glows briefly, and a beep sound confirms the vote has been recorded.
4. Recording the vote
- The vote is stored securely in the Control Unit’s memory.
- No internet or wireless connection is involved — EVMs are standalone devices.
5. Closing the poll
- At the end of voting, the presiding officer presses the “Close” button on the Control Unit.
- This stops the machine from taking more votes.
6. Counting votes
- On counting day, the Control Unit is opened in front of candidates/party agents.
- The officer presses the “Result” button, and the screen displays the votes each candidate received.
- The result is then officially recorded.
Fun fact: In India, EVMs are now paired with VVPAT (Voter Verifiable Paper Audit Trail) machines in most elections — so when you press the button, a small slip shows your chosen candidate’s name/symbol for about 7 seconds before it falls into a sealed box.
CASE TITLE:
Mohit Kumar v. Kuldeep Singh
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