A recent petition filed in the Supreme Court by Advocate Mahmood Pracha. He has called for the establishment of a High-Powered Committee. This is chaired by a retired Supreme Court judge. It was filed to investigate allegations of Electronic Voting Machines (EVM) manipulation during the latest Lok Sabha elections. The petition also seeks an inquiry into alleged derelictions by the Election Commission of India (ECI).
The petition was listed before a bench of Justices Surya Kant and Ujjal Bhuyan. They decided that the matter should be heard by a bench led by Justice Sanjiv Khanna. Justice Khanna had previously ruled on EVM-VVPAT verification. The case has been adjourned and will be listed before Justice Khanna’s bench. This is subject to the Chief Justice of India’s (CJI) approval.
Advocate Pracha’s petition argues for a High-Powered Committee to investigate alleged violations of assurances given by the ECI in a recent EVM-VVPAT case. The committee would also examine the laws, rules, and protocols governing election conduct. This comes after the Supreme Court rejected pleas for 100% cross-verification of EVM data with VVPAT records, noting that concerns about EVM tampering were unfounded and that reverting to the ballot paper system would negate electoral reforms.
Current peition
Despite the earlier ruling, the current petition claims the ECI acted arbitrarily without necessary safeguards. It references various records, including videography, photographs, letters, and documents, to support these claims. The petitioner argues that continued mishandling of EVMs could negatively affect future elections in India.
The petition highlights violations of the Manual on Electronic Voting Machines, the Handbook for Presiding Officers, and mishandling of EVMs. At the hearing’s outset, Justice Surya Kant expressed hesitation in taking up the matter since another bench had already reviewed similar issues. However, the petitioner’s counsel argued that the current issues were not previously examined.
The Court indicated it would request the CJI to list the matter before the same bench. The order stated: “Ld Counsel for the petitioner has pointed out the judgement of this Court in order to draw a distinction between the issues considered in the cited decision and those raised in the instant petition. It seems to us that in the interest of justice, this petition may also be listed before a Bench (led) by Hon’ble Justice Sanjiv Khanna subject to the order passed by the learned CJI.”
The petition also seeks an expedited inquiry by the proposed committee within three months and other measures to ensure the integrity of future elections, including appointing an Ombudsman to oversee the ECI’s functioning and hold its members accountable for any deviations.
The petition was filed through AoR RHA Sikander.
