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(14-12-2021) Per: Ravi Malimath, Chief Justice The petitioner claims to be a registered political party under the Representation of People Act, 1951. It is preparing to contest the upcoming election.

According to the petitioner, there are many discrepancies in the Electronic Voting Machines. That there are many stages of manufacture, transportation, randomization, symbol loading etc. which take place. All these are performed by the manufacturer companies. Therefore, his submission is that the statutory provisions and the rules have been violated by the use of electronic voting machines. That all these acts must be done only by Election Commission of India. Hence, the instant petition. The petitioner, therefore, has sought for the following prayers:-

"I. To command the respondents to take effective measures to rule out the discrepancies in the Electronic Voting Machines, stated in the petition to conduct the free and fair upcoming assembly and general elections with the purity of the electroral process or may be directed to conduct the election with the other alternative mode in accordance with law;
II. To command the respondents to take effective measures to comply the rule 49E (2), wherein it is mandatory to show the storage empty and to ascertain

2 WP-26671-2021 the polling agents that there is no prior voting recorded earlier;

III. To command the respondents to take efficacious steps restraining EVM to count the vote at polling booth center because counting must be held in the presence of the counting officer and the returning officer; IV To command the respondents to disclose the approved hardware configuration of the electronic voting machines and approved size, shape, colour and number of components, before the representatives of the candidates of the political parties;

XI. To command the respondent to position the 3 WP-26671-2021 VVPAT after controlling unit, so that voter may confirm that his/her vote has been recorded successfully to whom he/she voted;

XII. Even otherwise without the aforesaid measured & reliefs claimed hereinabove in the EVM and VVPAT, respondent shall kindly be restrained from using electronic voting machines & VVPAT in the upcoming elections going to be conducted in future or Electronic voting machines be banned in the conduct of elections, due to the large scale discrepancies available in the machines as mentioned in the petition; XIII Any other relief that the Hon'ble High Court may deem fit, may be granted"