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Showing contexts for: electronic voting machine in Imtiyaz Khan Yakub Khan Pathan vs State Election Commission, Gujarat ... on 22 April, 2021Matching Fragments
"(a) Your Lordships may be pleased to allow the present writ petition (PIL);
(b) Your Lordships may be pleased to issue a rate of mandamus or any other appropriate writ / direction / order to hold the action or inaction on the part of the respondent No.1 herein in not declaring or making announcement that the due election of the local bodes in the State of Gujarat will be conducted through ballot paper instead of Electronic Voting Machine since they don't have VVPAT;
(c) Your Lordships may be pleased to pass appropriate writ, order or direction to quash and set aside the action of the respondent No.1 herein in not declaring or making announcement that due election of the local bodies in the State of Gujarat will be conducted through ballot paper instead of Electronic Voting Machines in absence of VVPAT machines with the State Election Commission;
(d) Your Lordships may be pleased to pass appropriate writ, order or direction directing Respondent No.1 to conduct the due elections of the local bodies of Gujarat State through ballot paper instead of Electronic Voting Machine in absence of the respondent No.1 doe not have VVPAT machines;
7. On the other hand, Shri Mihir Joshi, learned Senior Counsel raised preliminary objections regarding the relief claimed being impossible to be implemented at this eleventh hour; maintainability of the petition and also for the reason that it did not lay any foundation as to why the polling system using Electronic Voting Machines (EVMs) was not reliable and thirdly that entertaining such a petition at this late stage would be interfering with the election process and as such would be barred under law. Mr. Joshi also submitted that there is a safety protocol followed before using EVMs. All the parties and their representatives satisfaction is recorded. There was a challenge to use of EVM in 2012. A Division Bench of this Court called for the EVMs and after verifying and being satisfied with the security and safety features dismissed the petition with costs. Copy of the judgment of the Division Bench is a part of the record. Further, our attention has also been drawn to an order dated 09.12.2020 passed by the Supreme Court wherein the State of Gujarat is under obligation to hold the local bodies election in the State by the month of February, 2021.
9 The basis for filing this petition is the judgment of the Supreme Court in the case of Subramanian Swamy vs. Election Commission of India, reported in 2013 (10) SCC 500. The said judgment is dated 08.10.2013. Thereafter, reference has also been made to the contempt proceedings initiated before the Supreme Court and various orders passed therein regarding compliance of the aforesaid judgment in the case of Subramanian Swamy (supra).
10. From a perusal of the pleadings and the reliefs claimed what is to be noticed is that for the first time on 01.01.2021, the petitioner made a representation to the State Election Commission referring to the judgment in the case of Subramanian Swami (supra) and further stating that as the State Election Commission does not have VVPAT (Voter Verifiable Paper Audit Trail) machines, it should declare that the election of local bodies be conducted by using ballot papers instead of Electronic Voting Machines for maintaining transparency and fair elections. It is also one of the reliefs claimed by the petitioner that the State Election Commission be directed to submit the status report with regard to his representation dated 01.01.2021.