Read Time: 07 minutes

Synopsis

The Delhi High Court on Tuesday this week dismissed 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.

The division bench of CJ Satish Chandra Sharma and Justice Sanjeev Narula said, “The safeguards and checks embedded in the guidelines are sufficient to ensure the integrity of FLC process”.

“The inclusion of political representatives in sealing the EVMs is a significant step towards mutual accountability. Every recognized political party was given an equal opportunity to be a part of the process. Thus, there participation in this democratic process plays a pivotal role in ensuring its sanctity. The petition, in our considered view, lacks substantive ground. Consequently, the Court is not inclined to accede to the relief sought by the Petitioner”,  the court said in its order dated August 29, 2023.

Notably, on August 25, the bench had refused to entertain a similar PIL. The court had 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 The PIL is dismissed as withdrawn with the aforesaid liberty”, the court had ordered.

The plea had been filed by Anil Kumar, President of Delhi Pradesh Congress Committee through Advocates Ajio K. Joseph and Sunil Kumar.

Kumar 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 that were undergoing the FLC procedure, it did not 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 was not transparent. “If the procedure for FLC is not transparent, how the Election Commission can ensure 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.