2024 Lok Sabha Polls: PIL In Delhi High Court Against SEC's Conduct During ‘First Level Check’ Of EVMs & VVPATs

A PIL has been moved before the Delhi High Court against the conduct of State Election Commission during the “First Level Check" of EVMs and VVPATs at eleven district offices in the national capital for their use in the 2024 Lok Sabha polls.

The petition has been moved by Anil Kumar, who is the President of Delhi Pradesh Congress Committee, a unit of Indian National Congress party. The PIL has been filed through Advocates Aljo K. Joseph and Sunil Kumar alleging that sufficient notice was not given to political parties before conduct of first level check (FLC) and that EVM details were not provided despite asking, thus defeating the whole purpose of FLC.

Kumar has therefore sought a direction upon the SEC to re-convene the FLC of the EVMs and VVPATs which are in the custody of all 11 district election offices in Delhi.

A direction is also sought on the SEC to give sufficient notice regarding the said checking so that the representatives of the political parties, including DPCC, can participate in the process.

As per the petition, the FLC of EVMs and VVPATs with respect to Delhi was scheduled from July 15 to July 30 however, notices were given regarding this only vide letters dated July 12 and July 13.

It is further Kumar’s case that on July 15, letters were written through the authorised person of DPCC requesting all the SDMs to provide the serial number, including manufacturing company, of all the EVMS and VVPAT which are undergoing FLC at all the 11 district election offices.

Submitting that the letters were not responded to by any of the SDMs, Kumar has said that without having the knowledge and details of EVMs, it does not make any sense for the stakeholder political parties to participate in the FLC process.

“In order to have a transparent, free and fair election, the machines which are used needed to be checked and verified and satisfied by the representatives of all stakeholders. The procedure adopted by the State Election Commission is not transparent,” the plea states.

It adds that if the procedure itself is not transparent, how can the Election Commission of India ensure a free and fair election.

“It is stated that the procedure adopted by the State Election Commission is not transparent and when the processes be preponed by 3 months, it is the duty of the Election Commission to give notice to all political parties well in advanced so that they can prepare themselves and effectively participate in the FLC process,” the PIL states. 

Case Title: Shri Anil Kumar v. Election Commission of India & Anr'