States Can't Seize All Private Properties For Common Good
A petition has been filed in the Supreme Court on Wednesday seeking directions for the Election Commission of India to conduct re-elections in 20 assembly seats in Haryana, citing discrepancies in electronic voting machines and questionable election results.
The petitioners, Priya Mishra and Vikas Bansal, represented by advocate Narendra Mishra, allege that the election results were compromised due to issues with the functioning of EVMs.
The petition claims that some EVMs operated at 99% battery capacity, while others functioned below 80% during the counting process on October 8, 2024.
Notably, discrepancies were found in EVMs at the same polling stations.
The Indian National Congress (INC) reportedly raised these concerns with the Returning Officers, but there was little response.
The petition outlines that the ECI reported voter turnout percentages at various times: 61.19% at 7:25 PM, 65.65% at 11:45 PM on October 5, and an unexpected 67.90% on October 7 before counting began. The petitioners argue that there was no clarification regarding the functioning of the EVMs, raising suspicions about their reliability.
“These charged EVM machines are suspected to support any additional power,” the petition states, questioning the physical impossibility of such occurrences.
The petition calls for the Supreme Court to mandate re-elections in Haryana for the 20 assembly seats, asserting that the discrepancies found in the EVMs undermine the election’s integrity.
Additionally, it requests that the ECI publish all turnout data alongside Form 17C and ensure the secure storage of EVMs and election certificates.
The petitioners emphasize that their Public Interest Litigation (PIL) is filed under Article 32 of the Constitution to protect the democratic process from electoral irregularities.
They aim to ensure free and fair elections and uphold the rule of law, invoking fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution, as well as relevant provisions of the People Representation Act, 1951, and the Conduct of Election Rules, 1961.
As the case proceeds, the petition underscores the critical need for transparency and accountability in the electoral process, reflecting concerns over the integrity of elections in Haryana.
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