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2017 DIGILAW 1806 (GUJ)

Gujarat Pradesh Congress Committee v. Election Commission of India

2017-11-23

A.Y.KOGJE, AKIL KURESHI

body2017
ORDER : AKIL KURESHI, J. This petition has been filed by leading political party taking up issue of deployment of proper machinery for casting and recording votes at the ensuing State Assembly elections to be held on 9th and 14th December 2017. Mainly, the concerns raised were that during the initial scrutiny of EVMs. and VVPATs to be deployed for the purpose of conduct said elections, large number of machines were found to be defective. The apprehension of the petitioner was that the elections may be conducted without proper repair of such machines, which may affect the results. It was around this central issue that various averments were made in the petition and consequential prayers made. The petitioner, by way of prayers, has made suggestions to ensure that any possibility of using defective machines can be eliminated. One of the prayers is for a direction to conduct the elections through ballot papers and not through electronic voting through EVMs. and VVPATs. Such prayer was not elaborated. Instead, the main anxiety projected before] us by the Counsel for the petitioner was that the machines, be it EVMs. or VVPATs, which have been found defective, may not be reused without proper corrections required to be made through reliable and independent agency. 2. In response to notice issued, Election Commission of India as well as Chief Electoral Officer, State Election Commission have appeared and through their replies, pointed out inter alia that all the defective machines have been withdrawn and are not going to be used for the purpose of ensuing elections and replacement machines have already been summoned. The replies further suggest that as per the guidelines of the Election Commission of India, there would be multi-layer checking of these machines in presence of authorized representatives of all recognized political parties. We are informed that first level checking is over and two more checkings would take place before voting actually takes place on the date of election. 3. In view of the stand taken by the respondents and in particular, firm declaration on oath that all machines, which were found defective at the time of initial checking, have been withdrawn, substantial grievance of the petitioner would not survive. In rejoinder filed by the petitioner, however, a few new issues were sought to be raised. Without proper pleadings and corresponding prayers, we were not inclined to examine such additional grievance. In rejoinder filed by the petitioner, however, a few new issues were sought to be raised. Without proper pleadings and corresponding prayers, we were not inclined to examine such additional grievance. Learned Counsel for the petitioner, however, confined his submissions to one particular aspect flowing from the guidelines issued by the Election Commission of India dated 30.08.2017 This circular, which is issued in super-session of existing instructions, contains detailed guidelines for the purpose of carrying out first level checking of EVMs. and VVPATs. Our attention was drawn to para-7 of these guidelines pertaining to sealing of plastic cabinet of Control Unit of EVMs. with Pink Paper Seal. These instructions provide, inter alia, for affixing Pink Paper Seal on EVMs. so that the Control Unit cannot be opened after first level checking and that the Pink Paper Seal to be supplied by Nasik Security Press in presence of the representatives of the political parties present at the time of FLC. It is further provided that the representatives of political parties should be allowed to note down serial number of the Pink Paper Seal affixed on the Control Unit. A register is to be maintained to note down the serial number of Pink Paper Seal used on the Control Unit by clearly mentioning the unique ID number of the Control Unit and the Pink Paper Seal number. Signatures of representatives of political parties would also be obtained in this register. The guidelines also provide that photocopy of this register shall be given free of cost to all National and State level recognized political parties as soon as FLC is over. It is also provided that the photocopy of this register shall be given to all contesting candidates as soon as last date of withdrawal of candidature is over. 4. The grievance raised by Shri Champaneri was that photocopy of the register has not been given to the petitioner-political party as provided in the said instructions. This grievance was raised without any specific averment made either in the petitioner or even in the rejoinder. However, in the larger interest of justice, we had requested Counsel for the Election Commission of India to have instructions on this aspect of the matter. Under instructions, Advocate Shri Sharma for the Election Commission of India stated that the guidelines are being followed scrupulously by the Officers of the Election Commission. However, in the larger interest of justice, we had requested Counsel for the Election Commission of India to have instructions on this aspect of the matter. Under instructions, Advocate Shri Sharma for the Election Commission of India stated that the guidelines are being followed scrupulously by the Officers of the Election Commission. Wherever the authorized representatives of political party may be present, they would have been supplied necessary details on demand. However, even if now any request is made by an authorized representative of any of the recognized parties, the officers of the Election Commission of India would supply photocopy of the said register referred in para-7 of the instructions. 5. In view of this statement, we close this petition, making it however clear that we have not examined any other issues in the present petition. The petition is disposed of accordingly.