Polling booths set for EVM challenge

NAINITAL: The Election Commission ’s much-talked about EVM challenge will be held in the national capital on Saturday morning. The Uttarakhand high court in a significant development on Friday barred all political parties, individuals, media and even social media networks, like Facebook and Twitter, from criticising the use of EVMs in the recently conducted assembly polls.

A two-judge bench of Justices Sharad Kumar Sharma and Rajiv Sharma said that "all recognised national and state parties, other political parties, NGOs, individuals, in larger public interest, are restrained from criticising the use of EVMs in the recently concluded elections" and cannot approach print, electronic media, radio, Facebook or Twitter with criticism of any kind.

The HC was hearing a PIL filed by Uttarakhand state congress committee vice-president Ramesh Pandey who had requested quashing of the EC ’s EVM challenge as it was “illegal, ultra vires, unconstitutional and beyond the jurisdiction of Article 324.”

The bench in its order said said, “The EC has successfully held free and fair elections. We cannot permit political parties to lower the image and prestige of the constitutional body. The uncalled-for criticism of the Election Commission has a deleterious effect on its functioning and the same may result in lowering of its morale. The faith of people in the election process is required to be restored at all cost. Holding of free and fair election is a basic feature of the Constitution.”

The judges observed, “The Election Commission is not comparable with any other authority. Article 324 of the Constitution of India has to be given the broadest possible meaning. It’s the duty of the courts to preserve, promote, nurture and maintain the independence of constitutional bodies and to insulate them from unhealthy criticism. The foundation of democracy would be weakened in case this tendency, on the part of certain sections of society, to damage the institution by leveling unsubstantiated allegations is not curbed. The right of freedom of speech and expression does not permit leveling of unsubstantiated charges against functionaries of constitutional bodies.”

While dismissing the plea, the court also said that EVMs are manufactured only by the Electronics Corporation of India Ltd and that the chip is developed in-house. During deliberations, the court blamed the poll panel for “inviting trouble for itself” and “endangering the sanctity of an august body”. The bench told the commission’s counsels that it had invited trouble for itself by taking up the EVM challenge. While the counsels, Shobhit Saharia and Amit Sharma, replied that they had been pushed against the wall and had to prove their sanctity to the common man of this country, the bench observed, “You have fallen in the trap and sailed into uncharted oceans.”

The high court said while it leaves it to the discretion of the EC to hold the challenge, its result “will not affect the outcome of the pending election petitions.”

Notably, the same HC had earlier in May ordered the seizure of EVMs in Vikasnagar constituency of Dehradun district and six more constituencies of the state — Mussoorie, Rajpur Road (Dehradun), BHEL Ranipur, Raipur, Pratapnagar and Haridwar rural. The order was delivered by Justice S K Gupta in response to a petition filed by the runner-up candidates in these seats.

Soon after the results of the seven assembly elections were out, several political parties and leaders, including Congress, AAP and BSP chief Mayawati, had alleged that EVMs have been tampered, resulting in the BJP's victory in Uttar Pradesh and Uttarakhand.

Soon after the HC order, the EC said its EVM challenge will start at 10 am on Saturday as scheduled. So far, NCP and CPM have nominated three representatives each for the challenge. The poll panel will provide 14 randomly selected EVMs which were used during the general and state elections in Punjab, Uttarakhand and Uttar Pradesh to prove that EVMs cannot be tampered with, as alleged by various opposition parties.

"NCP and CPI (M) have nominated three representatives each. The challenge will happen in two separate halls simultaneously," an EC spokesperson said.



In Video: EVM challenge to be held today