Madhya Pradesh High Court
Pratap Singh vs Shri Prahlad Singh Patel on 6 January, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 EP-46-2019
The High Court Of Madhya Pradesh
EP-46-2019
(PRATAP SINGH Vs SHRI PRAHLAD SINGH PATEL)
10
Jabalpur, Dated : 06-01-2020
Shri Pranjal Agrawal, Advocate for the petitioner.
Shri Siddharth Seth, Advocate for the respondent.
Shri Himanshu Sahni, Advocate for the intervener. Heard on I.A.No.13803/2019, which is an application under Section 151 of CPC on behalf of Election Commission of India seeking Limited intervention for an urgent relief in relation to Electronic Voting Machines & VVPATS.
Learned counsel for the Election Commission submits that as a standard procedure, the EVMs and VVPATs are kept untouched till next election, however, since Assembly election in other States are due, the said machines would be required for the same. So, the EVMs and VVPATs be released to the authority for the use in the forthcoming Assembly elections. He further submits that the petitioner has not raised any specific allegation pertaining to use or misuse of the EVMs and VVPATs. The election commission of India, the returning officer and the Officers of the election commission on election duty, complied with all statutory norms and procedure while conducting the electoral process. Since there is no specific allegation with regard to EVMs and VVPATs, therefore, to use in the upcoming election, same may be released in favour of election commission of India.With the aforesaid, he prays for allowing of this petition.
Learned counsel for the petitioner opposed the prayer and submitted that in the instant Election Petition certain allegations has been made by the petitioner regarding non-compliance with the provisions of Rule 56-D of the Election Rules 1961 and instructions were issued by the Election Commission, the EVMs are touched for whatever reasons mentioned in the application of Election Commission then the same shall cause prejudice to the Digitally signed by ASHWANI PRAJAPATI Date: 17/01/2020 10:25:46 2 EP-46-2019 applicant. He further submits that the Commission has issued order dated 13.10.2017 for verification of VVPATs paper. The instruction required mandatory verification of VVPATs paper slips on a pilot basis. The authority did not comply with the above said mandatory instruction and provision made in this regard which affected the result of the petitioner. So EVMs and VVPATs involved in the instant case may not be released as the same shall cause prejudice to the case of the petitioner.
According to standard procedure of Election Commission of India, the EVMs and VVPATs keep safe in strong room till the further election. If the EVMs is not the subject of the election petition, there is instruction of the commission to file an application before the concerned Court for allowing the EVMs concerned to be taken out of the strong room for the purpose conducting any future election or purpose like movement, physical verification of EVMs.
In the instant case, it appears that the petitioner raised his objection regarding non compliance of the provision of rule 56-D of the election rule 1961 and instructions issued by the election commission dated 13.10.2017 and 21.05.2019. There is no objection regarding the function of EVMs, has been raised by the petitioner, thus, there is no need to keep the EVMs and VVPATs under the safe custody till disposal of this petition.
In such circumstances I.A.No.13803/2019 is allowed and it is directed that EVMs and VVPATs used in parliamentary constituency No. 7, Damoh be released to the Election Commission of India for their use in the upcoming election.
List this matter on 20.1.2020.
In the meanwhile, respondent is directed to file written statement.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.
Digitally signed by ASHWANI PRAJAPATI Date: 17/01/2020 10:25:46