SC Dismisses Mehmood Pracha Plea Alleging Violation Of Poll Conduct Rules By EC

The Supreme Court has declined to entertain a public interest litigation filed by Advocate Mehmood Pracha, who alleged that the Election Commission of India violated rules related to the use of Electronic Voting Machines during elections.

The Bench, consisting of Justice Sanjiv Khanna and Justice PV Sanjay Kumar, dismissed the PIL, describing the claims as vague and a gross misuse of legal processes.

The court stated that it had chosen to hear the case earlier than scheduled because it was aware of the significance of the issue. However, the Bench emphasized that any individual with concerns about the election process should approach the relevant High Court. If there were any legitimate issues, the appropriate authorities would address them. The Supreme Court also directed Advocate Pracha to file an election petition in the concerned jurisdiction if he had specific concerns about any particular constituency.

The petition had requested a thorough investigation by a high-powered committee into the alleged violations. However, the court rejected this request, pointing out that similar concerns had been dismissed in a previous case on April 26, where the Supreme Court declined a plea to tally every Voter Verifiable Paper Audit Trail (VVPAT) slip with votes cast through EVMs. In that ruling, the court had affirmed that the procedures and safeguards implemented by the ECI were sufficient to ensure a free and fair election.

Pracha’s PIL aimed to bring attention to various alleged violations by the ECI, including breaches of the Manual on Electronic Voting Machines, the Handbook for Presiding Officers, and mishandling of EVMs before and after polling. The petition presented evidence, such as videography, photographs, letters, and documents, claiming these demonstrated that the ECI had acted arbitrarily without following the necessary safeguards to guarantee a fair election. The petition also warned that continuing such practices could negatively affect future elections in India.

In addition to seeking a detailed inquiry, Pracha argued that the Supreme Court should periodically monitor the ECI’s preparedness and conduct of future elections. The petition further proposed the establishment of an Ombudsman or Committee to oversee the ECI’s functioning, with the power to hold its members accountable for any deviations from established rules.

The PIL was filed through Advocate RHA Sikandar, with Advocate Tasneem Ahmadi representing Pracha.

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