Plea in Supreme Court Seeks Re-election in 20 Vidhan Sabha Seats in Haryana Due to EVM Discrepancies

Plea in Supreme Court Seeks Re-election in 20 Vidhan Sabha Seats in Haryana Due to EVM Discrepancies

Introduction

A petition has been filed in the Supreme Court of India demanding re-election in 20 assembly constituencies in Haryana. The petition alleges suspicious election results and discrepancies in the functioning of Electronic Voting Machines (EVMs) used during the state legislative assembly elections in 2024. The plea, filed by petitioners Priya Mishra and Vikas Bansal, claims that irregularities in EVM battery levels and functioning compromised the integrity of the election process, calling for a fresh round of voting in the affected constituencies.

Details of the Petition

The petition, filed through advocate Narendra Mishra, calls for re-elections in the specified constituencies, citing inconsistencies in EVM operations. It alleges that certain EVMs used during the counting of votes on October 8, 2024, were operating at varying battery levels, ranging from 99% to 60-70%. This discrepancy in battery levels raised concerns regarding the accuracy of the voting process.

The petition further highlights that some of the EVMs at polling stations were found functioning at different battery capacities within the same polling station, leading to questions about whether these machines were compromised during the counting process. The petition argues that this variability in EVM performance casts doubt on the reliability of the election outcome and points to a possible malfunction in the machines.

Allegations of Electoral Malpractice

The petitioners allege that the discrepancies in battery levels are a clear sign of electoral malpractice. It argues that the lack of clarification from the Election Commission of India (ECI) about the inconsistent EVM battery levels is a matter of grave concern. The Indian National Congress (INC) also raised objections to the EVM malfunction during the election, presenting a complaint to the ECI. However, according to the petition, the majority of the complaints went unanswered by the returning officers.

The petition underscores that EVMs operating at 99% battery capacity on the day of the election results, while others at the same polling stations were functioning at significantly lower levels, is a suspicious anomaly that needs to be investigated. It also raises concerns over how some EVMs, despite being fully charged, were suspected of receiving additional power from an external, unverified source, which would be physically impossible under normal circumstances.

Call for Re-election in 20 Assembly Seats

The petition specifically calls for re-election in 20 Vidhan Sabha constituencies, where the questionable EVMs were used during the counting process. The petitioners argue that the discrepancy in battery levels, combined with the lack of response from the election authorities, raises serious doubts about the integrity of the results in these constituencies. Therefore, they seek a Supreme Court directive for fresh elections in these areas to ensure the democratic process is not undermined.

Issues Raised Regarding ECI Turnout Data

Another significant issue highlighted by the petition is the irregularities in voter turnout data published by the ECI during the election. The petition notes that the turnout percentages were inconsistent and increased dramatically over time. For example, the turnout data at 7:25 pm on October 5, 2024, indicated a 61.19% voter turnout. By 11:45 pm, the turnout had jumped to 65.65%, and by October 7, 2024, at 8:44 pm, the turnout reached an unexpected 67.90%.

The petition calls on the Supreme Court to direct the ECI to publish all three sets of turnout data along with Form 17C (the final form for capturing poll results) and store the EVM machines used during the election for further investigation. It also demands the publication of the election certificates and any other related electoral documentation.

Grounds for Filing the Petition

The petitioners have filed the Public Interest Litigation (PIL) under Article 32 of the Constitution of India, which empowers citizens to seek enforcement of their fundamental rights. They argue that the petition is necessary to protect the integrity of the democratic process and ensure free and fair elections in Haryana. The petition specifically refers to the protection of fundamental rights under Articles 14, 19, and 21 of the Constitution, which guarantee equality before the law, freedom of expression, and the right to life and liberty.

Additionally, the petitioners invoke provisions of the Representation of People Act, 1951, specifically Section 123(3), which deals with corrupt electoral practices, and Rules 49S and 56C(2) of the Conduct of Election Rules, 1961, which pertain to the handling of EVMs during elections.

Conclusion

The petition raises significant concerns about the accuracy and fairness of the election results in Haryana. The allegations of malfunctioning EVMs, coupled with the discrepancies in voter turnout data, call into question the legitimacy of the election process in 20 assembly constituencies. The Supreme Court’s intervention will be crucial in determining whether a re-election is warranted to uphold the sanctity of India’s democratic processes.

This case underscores the importance of electoral transparency and the role of the Election Commission of India in ensuring that the public can trust the election outcomes. It also highlights the need for greater accountability and scrutiny in the use of electronic voting technologies. The outcome of this case could have far-reaching implications for future elections in India, particularly with respect to the use of EVMs and the handling of voter data.

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This article delves into the specifics of the petition and highlights the concerns around electoral integrity and the use of technology in the voting process. The ongoing Supreme Court proceedings will provide a clearer picture of whether these discrepancies will lead to a re-election and the potential impact on the political landscape in Haryana.