What Kind Of Relief Are You Seeking?: Apex Court Dismisses Plea Seeking Re-Election In 20 Vidhan Sabha Seats In Haryana
The Supreme Court today dismissed a petition seeking to stay the oath ceremony of Nayab Singh Saini as the Chief Minister of Haryana. The petitioners sought re-election in 20 assembly seats in Haryana, alleging suspect results and a discrepancy in electronic voting machines.
The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra said, "What are the reliefs you are seeking in this matter? That we should injunct the Haryana government from taking the oath. What kind of petitions are these? Having the ECI conduct a re-election in 20 suspicious Vidhan Sabha seats in Haryana."
Notably, earlier today, Nayab Singh Saini took the oath as the Chief Minister of Haryana for the second time at a ceremony held in Panchkula.
The Counsel submitted, "Yes, My Lordships, because there is 70 to 90% battery that has been charged, as per the Election Commission of India, as per the laws. It is already annexed. In this presentation, entire..."
"Taken on board and dismissed," the Court ordered.
Earlier, the Counsel had mentioned the same matter in the morning for urgent listing. The Counsel had sought directions to stay the oath-taking ceremony of the Haryana Chief Minister.
To the submission, the CJI had said, "We will have to start imposing costs on lawyers who bring such applications."
The petition, moved by Priya Mishra and Vikas Bansal, challenged the results citing the alleged varying battery capacities of the EVMs used during counting. It also alleged that some EVMs were operating at 99% battery capacity, while others were functioning between 60-70% during the counting process on October 8, 2024. This discrepancy, the petitioners claim, casts doubt on the accuracy and reliability of the election results.
The petitioners highlighted that candidates from the Indian National Congress raised concerns about the inconsistent performance of EVMs at various polling stations but received no substantial response from returning officers in many cases. The petition also refers to a presentation submitted by the Congress party to the Election Commission of India (ECI) regarding these issues, further alleging that the irregularities could amount to corrupt electoral practices.
"Some EVM machines were functioning at 99% battery capacity and others below 70%, which is higher than what should have been expected on the day of the results after prolonged use," the petition stated, raising concerns over possible manipulation or malfunctions in the machines.
The petition also flagged concerns over discrepancies in voter turnout data released by the ECI. According to the plea, the initial turnout percentages were 61.19% and 65.65% on October 5, 2024, with an unexpected jump to 67.90% by October 7, 2024, just before counting began. This inconsistency, the petition argued, warranted a deeper investigation.
Cause Title: Priya Mishra v. Union of India
