Plea in Supreme Court seeks re-election in 20 Vidhan Sabha seats in Haryana
Oct 16, 2024
New Delhi [India], October 16 : A petition has been moved in the Supreme Court seeking direction to the Election Commission to conduct re-election in 20 assembly seats in Haryana alleging suspect results and discrepancy in electronic voting machines.
The plea was filed by Priya Mishra and Vikas Bansal through advocate Narendra Mishra who said that the Election Commission of India (ECI) declared the election (of the State Legislative Assemblies through Electronic Voting Machines (EVMs) based on accuracy.
It was revealed that some EVM Machines were functioning at 99 per cent battery capacity, while some EVM Machines were functioning below 80 per cent battery capacity. Some EVMs used for counting on October 8, 2024, were operating at 99 per cent battery capacity, while other EVMs were operating at 60-70 cent battery capacity.
The petitioner also cited the Indian National Congress party giving the complainant presentation to the Election Commission of India.
"In fact, in some cases, this discrepancy was discovered in EVMs used in the same polling station. Immediately upon discovery, the Indian Notational Congress candidates raised this issue before the concerned Returning Officers, however in the majority of the places, there was no response received in this regard and include it under corrupt electoral practices," the petition said.
"Some EVM Machines were functioning at 99 per cent battery capacity and some are below 99 per cent but up to 70 per cent which is much more than the percentage remaining in the election from the charging point on the day of result," the petition read.
ECI published turnout percentages at 7:25 pm, next at 11:45 pm respectively 61.19 per cent, 65.65 per cent dated October 5, 2024 and 2:25 per cent unexpected (67.90 per cent ) data published on October 7, 2024, at 8:44 pm before starting some counting hour, the petition said.
"No clarification about 99 per cent to 70 per cent charged of EVM battery. These charged EVM machines are suspected to support any additional power/energy any electronic device can be charged either without any source of additional energy physically not possible but in the Haryana legislative election 2024 same thing happened," the petition said.
Therefore the petition urged the top court to direct ECI to conduct the re-election in Haryana of twenty suspicious Vidhan Sabha Whether these discrepancy EVMs used for counting on October 8, 2024, were operating at 99 per cent battery capacity, while other EVMs were operating at 60-70 per cent battery capacity.
The petitioner also sought to direct the Election Commission of India to publish all three turnout data along with form 17C and to store EVM machines and declaration of election certificates.
The petitioners said that they have filed the instant Public Interest Litigation under Article 32 of the Constitution of India to ensure that the democratic process is not subverted by electoral irregularities and to ensure free and fair elections and the rule of law and for the enforcement of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and People Representation Act 1951 under section 123(3) along with Rule 49S and Rule 56C (2) of the Conduct of Election Rules, 1961.