"Omnibus, Vague And Rather Wide Assertions": SC Dismisses Plea Seeking Inquiry By High-Power Committee Into Alleged Violations In Use Of EVMs

The PIL filed by Advocate Mehmood Pracha, alleged that the Election Commission of India (ECI) acted arbitrarily, failing to implement necessary safeguards essential for ensuring free and fair elections, which, according to the petitioner, could have serious implications for future elections in India. Pracha was also a candidate from the Rampur constituency in Uttar Pradesh in the Lok Sabha elections. The petition accused the ECI of violating assurances provided to the Supreme Court prior to the elections.

At the outset, the Bench headed by Justice Sanjiv Khanna said, "What is this? Absolutely vague allegations..appoint a committee to go into everything, into all the election. A writ petition for the particular constituency is already pending, if you have any other issue about any other constituency, go to that High Court. It is a gross abuse of process of law…What is this happening? To make a Supreme Court committee to go into all this. ..Political parties are conscious of, where there is a breach or wrongdoing. We are not going to entertain it. If you have any specific allegations, please go to court, or the candidate should file an election petition."

Advocate Tasneem Ahmadi appearing for Pracha, requested the Court if it could convert it into a representation and send to the ECI.

The Court refused to grant any liberty to file a representation with ECI. "We are not inclined to entertain the present Writ Petition which makes omnibus, vague and rather wide assertions. It is to be noted that the petitioner has already approached the Delhi High Court by way of a writ petition, with regard to a specific constituency...The Writ Petition is dismissed," the Bench also comprising of Justice Sanjay Kumar said. 

Accordingly, the Court dismissed the Writ Petition. 

On August 5, the Bench headed by Justice Surya Kant had adjourned a fresh Public Interest Litigation (PIL) challenging the role of Electronic Voting Machines (EVMs) in the recently concluded Lok Sabha elections, to be listed before a Bench headed by Justice Sanjiv Khanna.  The Court had noted that the Bench headed by Justice Sanjiv Khanna had earlier heard a similar matter and passed orders. The Court had said, "In the interest of justice, we direct the registry that this matter be placed before the Bench of Justice Sanjiv Khanna and Justice Dipankar Dutta, who earlier heard the matter and gave the judgment, subject to orders of the Chief Justice."

Justice Kant had remarked, "The other bench has already examined these issues and have passed the judgment, merely because the matter is coming before us, it is not necessary we should not intervene. We are not saying anything to you. Even if we agree with you, one bench has already given time and passed judgment. We are saying that it should be placed before that bench only."

The PIL filed through Advocate on Record (AoR) R.H.A. Sikander, claims that the ECI violated the Manual on Electronic Voting Machines and the Handbook for Presiding Officers, mishandled EVMs both before and after polling, and acted with malafide intent and arbitrariness during the election process. These violations, the petition argues, undermine the integrity of the electoral process and could jeopardize the conduct of future elections in the country.

"It is further submitted that safety measures, right from the stage of manufacture, initial transport after manufacture to the strong rooms of the concerned constituencies going for elections, and thereafter the First Level Checking process, the First and Second stage randomization process, transportation of EVMs to/from warehouses, strong rooms etc., checking of EVM and Symbol Loading process, commissioning of EVMs for the election, mock poll, replacement of defective EVMs, etc., dispersal of the machines prior to polling, the polling process itself, the sealing and storage of the machines after the polling process, the movement of the machines during the counting process, and thereafter their sealing and storage in the warehouses, is shrouded under a cloak of secrecy," the petition reads.

Referring to the Association for Democratic Reforms vs. Election Commission of India & Anr. 2024 case, the petition contends that the ECI had assured the Supreme Court that it was following the best practices to ensure free and fair elections. However, the petitioner alleges that the ECI failed to adhere to these practices, leading to significant breaches in the election process.

Furthermore, the petition states, "The petitioner has placed evidence in the form of various records, including videography, photographs, letters, documents, etc., which establish that the ECI has acted arbitrarily without adopting the required safeguards conducive to a free and fair election, and the continuation of such arbitrary practices without the required safeguards will also adversely impact future elections in India."

The petitioner has sought the following:

1. Direct the constitution of a High Powered Committee to be chaired by a retired Judge of this Court to conduct a detailed inquiry into the manifest violations of the assurances given by the Election Commission of India (ECI) to this Court in Association for Democratic Reforms vs. Election Commission of India & Anr. 2024 SCC Online SC 661 and also of the laws, rules, and protocols in place governing the conduct of elections through Electronic Voting Machines (EVMs); and

2. Direct such Committee to conduct an expedited inquiry and submit, in the form of a report, its findings before this Court within a period of three months; and

3. Pass appropriate directions in respect of the concerned officials of the Election Commission of India (ECI) and such other authority, official, or person as this Court may deem fit, in consideration of the findings of such High Powered Committee; and

4. Monitor the preparedness and conduct of future elections conducted by the Election Commission of India (ECI) in which the use of Electronic Voting machines (EVMs) is proposed, by calling for periodic affidavits from the Election Commission of India (ECI) to be filed before this Court, to ensure strict compliance with the applicable laws, protocols and guidelines to ensure the safety and integrity of the election process; and

5. Direct that no elections may be conducted by way of Electronic Voting Machines (EVMs) without strict compliance with the applicable laws, protocols and guidelines to ensure the safety and integrity of the election process; and

6. Frame appropriate guidelines to develop a mechanism for ensuring that the Manuals, applicable laws, protocols, guidelines, etc. are followed diligently; and

7. Appoint an Ombudsman/Committee to oversee the functioning of the Election Commission of India (ECI), with the power to hold members of the ECI accountable for any deviation.

Cause Title: Mehmood Pracha v. Election Commission of India [W.P. (C) No. 473/2024, Diary No. 31749/2024]