Delhi HC Refuses to Entertain Plea Challenging SEC Role in First Level Checking Process

The Delhi High Court on Friday refused entertain a Public Interest Litigation (PIL) challenging the conduct of the State Election Commission concerning the “First Level Checking” (FLC) of EVMs and VVPATs before the upcoming general elections.

Anil Kumar, the petitioner and President of Delhi Pradesh Congress Committee, contended that inadequate notices were provided for conducting the FLC, thereby preventing political parties from adequately preparing for the procedure.

A bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted that the petition was aimed at the State Election Commission even though they were not involved in the matter. The court pointed out that the officials were operating on behalf of the Election Commission of India. Accordingly, the petitioner was advised to withdraw the present petition and file a fresh one.

“The petitioner seeks permission to withdraw the petition with the option to file a new PIL. The petition is dismissed as withdrawn, with the aforementioned liberty,” the bench directed.

The plea sought an order for the State Election Commission to reconvene the FLC after providing adequate notice. The petition contended that the procedure followed for initiating the FLC the previous month lacked transparency and contradicted the directives of the Election Commission of India.

“The State Election Commission, without affording sufficient time, acted against the instructions dated August 30, 2017, and September 13, 2022, advancing the entire FLC process by three months. This move was contrary to the publicly known instructions, rendering the political parties affected stakeholders in the FLC process,” the petition stated.