[DHCBA Elections 2022] Requisition For EVM Machines Sent To ECI, Response Awaited: Bar Association's CEC Informs Delhi High Court

The Delhi High Court has been informed by Chief Election Commissioner of Delhi High Court Bar Association (DHCBA) that requisition for EVM machines for conducting DHCBA elections 2022 has been sent to Election Commission of India (ECI) and that the response is awaited. The election is scheduled for September 28.

Justice Sanjeev Narula was hearing an urgent plea moved by DHCBA against deferment of its elections on account of non-availability of electronic voting machines (EVMs).

In a special Sunday sitting, the Association's Election Commission had informed the Court that it has resolved to suspend its decision to defer the 2022 elections and that it will explore all the alternative options to get EVMs, in coordination with the bar association.

However, it was clarified that the date for filing of nomination papers shall be 13th September instead of 12th September.

The Association's Election Commission also informed the Court that if no alternate source of EVMs is available within one week, then its decision dated September 10 to defer the elections will stand till the EVMs can be arranged.

During the course of hearing yesterday, Senior Advocate Ravi Kant Chadha informed the Court that all possible efforts were being made to resolve the issue of EVMs, so that election schedule is not disturbed and that he was hopeful there will be positive response from ECI.

On the other hand, the counsel for University of Delhi stated that as its Vice Chancellor was engaged with another matter, his attention could not be devoted to the issue as directed by the Court.

The counsel stated that he will get the instructions on next date of hearing.

"In case, there is no positive resolution to the issue urged by Delhi University on its own accord, the Court would like to examine the record relating to demand raised in the letter dated 8th September, 2022, issued by the Deputy Registrar (Finance), Delhi University," the Court directed.

It added "Accordingly, the Registrar, Delhi University is directed to remain present with the relevant record relating to computation of demand, subject to the above."

The matter will now be heard tomorrow at 4 PM.

The University of Delhi has been providing EVMs for conducting elections to DHCBA as well as other Bar Associations of Delhi.

The DHCBA has challenged Delhi University's letter dated September 8 stating that before providing EVMs for the upcoming elections, an arrear of Rs. 1,10,29,948 has to be cleared pertaining to 2019 DHCBA elections.

Accordingly, on September 10, the DHCBA resolved that since Electronic Voting Machines were not available and it will take some time to arrange it from other sources, it would not be possible to conduct the DHCBA 2022 elections as per the schedule. The elections were deferred till further notice.

The plea thus avers that the illegal unjustified and arbitrary action of Delhi University has led to sabotaging the scheduled elections.

The plea thus seeks a direction on the Delhi University to supply EVMs for DHCBA 2022 elections without insisting on any demand of alleged dues. It also seeks a direction on the Association's Election Commission to conduct the elections on September28, as per the schedule.

As per the 2022 DHCBA election schedule, the time for filing of nomination papers was from 12th to 14th September (now starting from September 13); scrutiny of the nomination papers is on 15th September; withdrawal of nomination papers is from 16th to 17th September and the polling is scheduled for 28th September.

Case Title: DHCBA & Anr. v. University of Delhi & Anr.