Delhi High Court - Orders
Delhi High Court Bar Association & Anr vs University Of Delhi & Anr on 27 September, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~286
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13240/2022
DELHI HIGH COURT BAR ASSOCIATION & ANR. .... Petitioners
Through: Mr. Harshit Jain, Advocate.
versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
Through: Mr. Mohinder JS Rupal and Mr.
Akash Pathak, Advocates for R-1/
University of Delhi.
Mr. Ravi Kant Chadha, Senior
Advocate and Chief Election
Commissioner of R-2/DHCBA EC
2022 with Mr. Akshay Makhija, Mr.
Sandeep P. Agarwal and Mr. A.D.N.
Rao, Senior Advocates with Mr. R.K.
Watel and Mr. Deerat Deep Singh,
Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 27.09.2022 CM APPL. 42725/2022 (under Section 151 of the Code of Civil Procedure, 1908 on behalf of Respondent No. 2 seeking clarification and modification of the order dated 15th September, 2022)
1. By way of this application, Respondent No. 2 [Delhi High Court Bar Association Election Commission - 2022 - hereinafter "DHCBA EC 2022"] seeks clarification with respect to directions contained in paragraph No. 5
(iv) of the order dated 15th September, 2022 passed by this Court.
Signature Not Verified Digitally Signed W.P.(C) 13240/2022 Page 1 of 5 By:SAPNA SETHI Signing Date:27.09.2022 20:34:072. Mr. Ravi Kant Chadha, Senior Counsel and Chief Election Commissioner of DHCBA EC 2022, states that pursuant to meeting on the administrative side with Hon'ble the Chief Justice of this Court and the IT Team of the High Court of Delhi, it has transpired that in order to preserve the data of the Electronic Voting Machines ["EVMs"], certain specific directions are required to be issued by this Court. In support of this submission, reliance is also placed on an order passed by this Court dated 05th September, 2019 in CM (M) 1295/2019.
3. Mr. Mohinder JS Rupal, counsel for Respondent No. 1 [University of Delhi], submits that there are a total 250 EVMs which will be used in the upcoming DHCBA 2022 elections. Mr. Chadha submits that the EVMs are manufactured by Electronics Corporation of India Limited ["ECIL"], a government undertaking and its experts would be required to retrieve the data. On the court's request, Mr. ADN Rao, Senior Counsel for ECIL is present and submits that retrieval of data stored on EVMs is possible, however, that will require presence of technical experts who would be required to travel from Hyderabad. Considering the upcoming festive season, some time may be granted for the same.
4. Considering the above, the following directions are passed: -
4.1. After declaration of results, data in the EVMs, both in its primary and secondary memory, shall be retrieved and report thereof shall be prepared on the following aspect:
(i) The total number of votes polled for each of the posts.
(ii) The total number of votes polled by each of the candidates for Signature Not Verified Digitally Signed W.P.(C) 13240/2022 Page 2 of 5 By:SAPNA SETHI Signing Date:27.09.2022 20:34:07 each of the posts.
(iii) The total number of NOTA votes polled for each of the posts.
4.2. The above data shall be retrieved from each of the EVMs. A table thereof shall be prepared consisting of the above data, along with the specific EVM number.
4.3. The following persons from the IT Department of the High Court of Delhi are appointed as Local Commissioners: (a) Mr. Kapil Kumar (Contact No.: +91 9599220367), and (b) Mr. Javed Akhtar (Contact No.: +91 9599220363).
4.4. The status and condition of the EVMs prior to opening of the same and retrieval of the data shall also be mentioned in the report. Even the process in which the data was retrieved shall also be mentioned in the report.
4.5. After retrieval of the entire data, memory of the EVMs shall be erased and the same shall be released to University of Delhi [Respondent No. 1].
4.6. The process of retrieval of data from the EVMs shall commence at 9:00 am from 07th October, 2022 and all attempts shall be made to conclude the task as soon as possible, latest by 10th October, 2022. 4.7. Retrieval of the data shall be done by two technical experts of ECIL in the presence of the following persons:
(i) Two Local Commissioners appointed by this Court from the IT Department of the High Court of Delhi;
(ii) Any two members nominated by the Executive Committee of DHCBA;
(iii) Any two members of the DHCBA EC 2022, who are involved Signature Not Verified Digitally Signed W.P.(C) 13240/2022 Page 3 of 5 By:SAPNA SETHI Signing Date:27.09.2022 20:34:07 in conduct of elections on 28th September, 2022; and
(iv) Two representatives from University of Delhi [Respondent No. 1].
5. Except the two technical experts, no other person shall be entitled to handle the EVMs. The Local Commissioners, who also have technical knowledge, may assist the ECIL experts, if requested. However, retrieval of the data shall take place in the presence of the persons mentioned above. The said persons shall not interfere with or create any commotion/disruption at the time of retrieval of the data. The entire process of retrieval shall be video-graphed and photography of the same is also permitted. Expenses for the above undertaking, if any, shall be borne by Petitioner No. 1 [Delhi High Court Bar Association - hereinafter "DHCBA"]. The videographer and photographer shall be identified by the Local Commissioners and they shall report to them directly. The Local Commissioners shall prepare and file a report, within a period of two weeks from today. The videography and photographs, if any, shall be appended to the report in a pen-drive. Any relevant photographs shall also be printed and attached to the report prepared by the Local Commissioners. All parties shall render full assistance to the Local Commissioners in preparation of the reports.
6. The fee of the Local Commissioners is fixed at Rs. 1,00,000/- each and honorarium of Rs. 50,000/- each to be paid to the technical experts, which shall be borne by DHCBA. In addition to the above, travelling, lodging/boarding and any other out-of-pocket expenses borne by technical experts, who are travelling out-of-station from Hyderabad, shall be Signature Not Verified Digitally Signed W.P.(C) 13240/2022 Page 4 of 5 By:SAPNA SETHI Signing Date:27.09.2022 20:34:07 reimbursed by DHCBA.
7. Further, Mr. Rupal has handed over across the board a document in the format of an undertaking which, he states, the Court may consider binding the DHCBA to. He highlights a clause therein that provides that Respondent No. 1 should be paid adequate fee of Rs. 500/- per EVM/unit per day for withholding the EVMs, applicable after two days from the date of declaration of result. This aspect will be considered on the next date of hearing.
8. In light of the fore-going directions, the present application is disposed of.
W.P.(C) 13240/2022
9. List on the date already fixed i.e., 13th October, 2022.
SANJEEV NARULA, J SEPTEMBER 27, 2022 nk Signature Not Verified Digitally Signed W.P.(C) 13240/2022 Page 5 of 5 By:SAPNA SETHI Signing Date:27.09.2022 20:34:07