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3) The election petitioner has filed the election petition, inter alia, on the grounds that the respondent was the candidate of Bhartiya Janta Party at the time of election, which was the ruling party in the Center. It is contended that Electronic Voting Machine (EVM) with Voter Verified Paper Audit Trail (VVPAT) machines were not installed in the election pursuant to the directions issued by Hon'ble Apex Court in its judgment rendered in the case of Dr. Subramanian Swami Vs Election Commission of India, (2013) 10 SCC 500. After the election, several reports were published in regard to the malfunctioning of the EVMs throughout the country. Taking advantage of the situation to introduce the EVM with VVPAT, the respondent committed corrupt practices in collusion and connivance with their associates, whereby the respondent took help of experts under a planned modus operandi, for tampering / hacking / manipulating the EVMs deployed at various polling booths and, as such, hampered with the free, fair, genuine recording of votes through EVMs, which amounts to "Booth Capturing", and is an offence under Section 135A of the Representation of People Act,1951.