The Supreme Court has adjourned a PIL challenging the role of EVMs in the recent Lok Sabha elections, to be heard by a Bench led by Justice Sanjiv Khanna. Filed by Advocate Mehmood Pracha, the petition alleges the Election Commission failed to implement crucial safeguards, raising concerns about the integrity of future elections.
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NEW DELHI: The Supreme Court has recently adjourned a significant Public Interest Litigation (PIL) challenging the role and reliability of Electronic Voting Machines (EVMs) used in the latest Lok Sabha elections. The PIL, filed by Advocate Mehmood Pracha, questions the Election Commission of India (ECI)’s handling of EVMs and alleges failure to implement essential safeguards. This case, raising concerns over the integrity of India’s electoral process, will now be listed before a Bench headed by Justice Sanjiv Khanna.
Allegations Against the Election Commission of India
Advocate Mehmood Pracha, who was also a candidate in the Rampur constituency in Uttar Pradesh during the Lok Sabha elections, has leveled serious accusations against the ECI. The PIL asserts that the ECI acted arbitrarily and did not adhere to the necessary measures to ensure free and fair elections. The petition highlights potential risks for future elections if these issues are not addressed. According to Pracha, the ECI’s actions breached assurances given to the Supreme Court prior to the elections.
Judicial Proceedings and Observations
During the recent hearing, the Bench of Justice Surya Kant and Justice Ujjal Bhuyan noted that a similar matter had previously been heard by a Bench led by Justice Sanjiv Khanna, which had already passed orders on the issue.
The Court stated-
“In the interest of justice, we direct the registry to schedule this matter before the Bench of Justice Sanjiv Khanna and Justice Dipankar Dutta, who previously heard the case and delivered the judgment, pending the Chief Justice’s orders.”
Justice Surya Kant further remarked-
“The other bench has already examined these issues and delivered a judgment. Just because the matter is now before us, it does not mean we should intervene. We are not making any statements regarding your position. Even if we agree with you, since the previous bench has already considered the case and issued a ruling, we believe it should be returned to that bench for further consideration.”
Specific Allegations in the Petition
The PIL, filed through Advocate on Record (AoR) R.H.A. Sikander, claims multiple violations by the ECI. It alleges that the ECI disregarded the Manual on Electronic Voting Machines and the Handbook for Presiding Officers. The petition accuses the ECI of mishandling EVMs both before and after polling and acting with malafide intent. It emphasizes that these violations undermine the integrity of the electoral process and could compromise future elections.
The petition elaborates on the various stages where safety measures were allegedly neglected, including the manufacture, transportation, storage, and handling of EVMs.
The document states-
“It is further submitted that the entire process involving EVMs—from their manufacture, initial transport to strong rooms, and First Level Checking, to the randomization process, transportation, symbol loading, commissioning, mock polls, replacement of defective units, dispersal before polling, the polling process itself, and the subsequent sealing, storage, and movement of machines during counting—is enveloped in secrecy.”
Reference to Previous Assurances and Evidence Submitted
Referring to the Association for Democratic Reforms vs. Election Commission of India & Anr. 2024 case, the petition contends that the ECI had assured the Supreme Court of following best practices to ensure free and fair elections. However, the petitioner alleges that these practices were not adhered to, resulting in significant breaches in the election process.
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The petition asserts-
“The petitioner has provided evidence including videography, photographs, letters, and documents, demonstrating that the ECI acted arbitrarily without implementing necessary safeguards for a free and fair election. The persistence of such arbitrary practices could negatively affect future elections in India.”
Petitioner’s Demands
The petitioner has requested several directives from the Supreme Court:
- Constitution of a High Powered Committee: To be chaired by a retired Judge of the Supreme Court, to conduct a detailed inquiry into the violations by the ECI.
- Expedited Inquiry and Report Submission: The Committee should conduct an expedited inquiry and submit its findings to the Court within three months.
- Appropriate Directions for ECI Officials: Based on the Committee’s findings, appropriate actions should be taken against concerned ECI officials or other authorities.
- Monitoring Future Elections: The Court should monitor the ECI’s preparedness and conduct of future elections using EVMs, ensuring compliance with laws and guidelines.
- Strict Compliance with EVM Protocols: No elections should be conducted using EVMs without strict adherence to applicable laws and guidelines.
- Development of Compliance Mechanisms: Guidelines should be framed to ensure diligent following of manuals, laws, and protocols.
- Appointment of an Ombudsman/Committee: To oversee the ECI’s functioning and hold its members accountable for any deviations.
