Following the Congress party’s heavy defeat in the Haryana assembly elections, a petition filed by Congress leader Karan Singh Dalal and others has been forwarded to Chief Justice (CJI) Sanjeev Khanna for hearing.
The petition, which seeks guidelines for verifying the memory/microcontroller of Electronic Voting Machines (EVMs), was originally considered by a bench of Justice Dipankar Dutta and Justice Manmohan. However, since a similar case is pending before CJI Sanjeev Khanna, this petition will now also be heard by him.
Dalal’s Demands for EVM Verification
Karan Singh Dalal, a five-time Member of the Legislative Assembly (MLA), is calling for the Election Commission to establish clear guidelines for the investigation and verification of the four key components of EVMs: the control unit, ballot unit, Voter Verifiable Paper Audit Trail (VVPAT), and symbol loading unit.
The petition emphasizes that it does not challenge the election results but instead seeks to ensure a robust mechanism for the verification of EVMs in future elections. Dalal has urged that this process be completed within eight weeks.
Petition Calls for Immediate Resolution
The petition stresses that the issue at hand significantly impacts the democratic process and upcoming state elections. Therefore, it should be addressed promptly and decisively.
It further alleges that the Election Commission has failed to implement the Supreme Court’s earlier ruling in the Association for Democratic Reforms vs Union of India case, which mandated the examination of EVM components. According to Dalal and his co-petitioner, the Election Commission’s lack of action indicates a reluctance to subject itself to any scrutiny.
Congress’ Allegations of EVM Tampering in Haryana Elections
The petition follows Congress’ complaints after the Haryana assembly elections, where party leaders, including Pawan Khera, accused the Election Commission of failing to address potential tampering with EVMs. Congress claimed that tampering was discovered during the counting of votes in 26 seats.
However, the Election Commission rejected these allegations on October 29, stating that the claims were baseless, incorrect, and unfounded. In a 1,642-page response, the Commission condemned the Congress for making unfounded allegations, warning that such actions could lead to unrest and disrupt the electoral process.
Election Commission’s Response to Congress’ Complaints
The Election Commission responded to Congress by pointing out the importance of maintaining credibility and caution when making such allegations, particularly during sensitive times like voting and counting.
Citing five previous instances, the Commission advised Congress to refrain from routinely attacking the electoral system without evidence. The Commission also reminded Congress that it is an institution established under the Constitution and is entrusted with ensuring free and fair elections.
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