Probe into alleged manipulations of EVM during the recent Lok Sabha elections, Plea in Supreme Court

In the Supreme Court (SC) of India, a petition has been filed through Advocate-on-Record RHA Sikander seeking the constitution of a High-Powered Committee to inquire into the allegations of manipulations of EVM (Electronic Voting Machines) during the recent Lok Sabha elections. Moreover, the petitioner also sought that the Committee should be chaired by a retired judge of the Supreme Court and a probe into alleged derelictions by the ECI (Election Commission of India). The matter was mentioned by the petitioner on August 05, 2024 (yesterday), before the SC bench constituting Justice Surya Kant and Justice Ujjal Bhuyan. However, the SC bench opined that the matter should be listed before the bench led by Justice Sanjiv Khanna who passed the judgment relating to EVM-VVPAT verification. Considering this, the SC bench adjourned the matter yesterday and directed to list the matter before a bench led by Justice Khanna. 

The petitioner, in the present petition, argued that the ECI has acted arbitrarily without adopting the required safeguards. The petition stated, “The present Petition seeks to place on record various violations of the Manual on Electronic Voting Machine, the Handbook for Presiding Officer, mishandling of the EVMs before and after polling, the malafides and arbitrariness of the Election Commission of India (ECI) in the election process, etc.” After hearing the counsel representing the petitioner, the bench ordered, “Ld Counsel for the petitioner has pointed out the judgment of this Court in order to draw a distinction between the issues considered in the cited decision and those raised in the instant petition. It seems to us that in the interest of justice, this petition may also be listed before a Bench (led) by Hon'ble Justice Sanjiv Khanna subject to the order passed by the learned CJI.” Other prayers pleaded by the petitioner in the present petition include: 

• “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 Hon'ble Court may deem fit, in consideration of the findings of such High Powered Committee; and
• 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 Hon'ble Court, to ensure strict compliance with the applicable laws, protocols and guidelines to ensure the safety and integrity of the election process; and
• 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
• Frame appropriate guidelines to develop a mechanism for ensuring that the Manuals, applicable laws, protocols, and guidelines, etc. are followed diligently; and
• 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.”