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The plea alleged that the FLC of EVMs and VVPATs of Delhi was scheduled from July 15 to July 30, but notices were given regarding it only on July 12 and 13
The Delhi High Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking directions to carry out fresh 'First Level Checking' of EVMs & VVPATs in the presence of the authorised representatives of the Delhi Pradesh Congress Committee for their use in the 2024 Lok Sabha Elections.
The plea also sought directions to supply the details of the EVMs & VVPATs, like making, serial numbers and manufacturing companies etc.
Senior Advocate Salman Khurshid, on behalf of petitioner submitted, "There are two issues in this. One is the duration of notice is reduced from 7 days to 2 days...The critical issue is that we have repeatedly said that please give us the details of the machines that we'll come to inspect. Those details have not been given to us. Repeatedly we've written to all SDMs. Details have not been given. No reasons why they couldn't be given...".
Opposing the PIL, the counsel appearing for the ECI argued, “Kindly see the memo of parties, State Election Commission. It has nothing to do with the general elections/ assembly. It's only municipal. All the prayers are against the State Commission".
“This has been filed very casually. If they would have been serious....they are not challenging the guidelines of the ECI”, he contended.
Taking note of the submissions, the division bench comprising of CJ Satish Chandra Sharma and Justice Sanjeev Narula told the senior counsel, “Please look at the body of the petition. All sentences, all paragraphs. The entire petition is directed towards the State Election Commission and they have got nothing to do with it. If you appreciate that, please withdraw it and file a fresh one”.
“The petitioner prays for withdrawal of the present petition with liberty to file a fresh PIL. The PIL is dismissed as withdrawn with the aforesaid liberty”, the court ordered.
The plea has been filed by Anil Kumar, President of Delhi Pradesh Congress Committee through Advocates Ajio K. Joseph and Sunil Kumar.
Kumar has challenged the manner and conduct of the State Election Commission while convening the preparations for First Level Checking(FLC) of EVMs and VVPAT at 11 district offices in Delhi for their use in 2024 Lok Sabha elections. The plea alleged that the FLC of EVMs and VVPATs of Delhi was scheduled from July 15 to July 30, but notices were given regarding it only on July 12 and 13.
It stated that without having the knowledge and details of EVMs which are undergoing the FLC procedure, it doesn’t make any sense for the stakeholder political parties to participate in the entire FLC process. “In order to have a transparent, free and fair election, the machines which are used needed to be checked and verified and satisfied by the representatives of all stakeholders”, the plea said.
The plea alleged that the procedure adopted by the State Election Commission is not transparent. “If the procedure for FLC is not transparent, how the Election Commission can ensure a free and fair elections”, the plea stated.
“It is stated that the procedure adopted by the State Election Commission is not transparent and when the processes be preponed by 3 months, it is the Election Commission to give notice to all political parties well in advanced so that they can prepare themselves and effectively participate in the FLC process”, the plea read.
Case Title: Shri Anil Kumar v. Election Commission of India & Anr.
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