SC Dismisses PIL Alleging Violations by Election Commission on EVM Conduct

The Supreme Court on Tuesday dismissed a PIL which alleged that the Election Commission of India (ECI) violated rules governing the conduct of elections through Electronic Voting Machines (EVMs).

Justices Sanjiv Khanna and PV Sanjay Kumar stated that the allegations in the plea were vague and amounted to a gross abuse of the legal process.

“What is this? Absolutely vague allegations. What is this writ petition? A gross abuse of process of law. We don’t know when these photos were taken which you have attached. What is this? Appoint a committee under the Supreme Court. We deliberately heard the matter earlier because we were conscious about the issue,” the bench remarked.

The petition sought a detailed inquiry by a high-powered committee into the allegations. “This is a petition with omnibus allegations. We are not inclined to entertain this,” the Bench eventually stated while dismissing the PIL.

Earlier, on June 26, the apex court had dismissed a plea to tally every Voter Verifiable Paper Audit Trail (VVPAT) slip with votes cast through EVMs. The Court had observed that the procedures and safeguards put in place by the ECI were conducive to a free and fair election.

Pracha, however, in this PIL, aimed to highlight numerous violations by the ECI, citing breaches of the Manual on Electronic Voting Machines, the Handbook for Presiding Officers, and mishandling of the EVMs before and after polling. The PIL also sought the enforcement of laws, rules, and protocols to govern the conduct of elections through EVMs.

In addition to requesting a detailed inquiry, Pracha sought periodic monitoring of the preparedness and conduct of future elections by the ECI.

Furthermore, the plea requested the appointment of an Ombudsman or Committee to oversee the functioning of the ECI, with the authority to hold ECI members accountable for any deviation from established rules.