"Remain Vigilant, No Doubts Should Arise": Allahabad HC Tells ECI On Plea Complaining About 'EVM Tampering' In UP Polls

While dealing with a plea that raised complaints regarding EVM Tampering in the ongoing Uttar Pradesh State Assembly Elections, the Allahabad High Court on Thursday asked the Election Commission Of India to remain vigilant to all such situations and not to allow doubts of any description arise.

The Bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari also observed that the democratic process, being sacrosanct, is well protected under the Constitution of India by placing a respectful restraint on the scope of judicial review under Article 226 or Article 32 of the Constitution of India

Essentially, one Suraj Singh had moved the High Court with a plea which complained of some tempering at one place in the EVM Machine using some adhesive and damage caused to the CCTV Cameras at some other place during the ongoing UP Assembly Polls.

The petitioner informed the Court that he had got to know about these instances on the basis of a news report. However, the Bench, at the outset, remarked that it was not proper for it to take notice of the news report due to its inadmissibility, nevertheless, the Court did add that the Election Commission of India has to remain vigilant to all such situations and not to allow doubts of any description arise.

Importantly, the Court also stressed upon the responsibility of the ECI to ensure free and fair elections and observed thus:

"The Election Commission of India is a repository of faith for full justice, maintaining dignified standard of freedom of speech and expression while the election process is set in motion and till its conclusion. It is for this reason that interference in the election process is restricted by virtue of Article 329 (2) of the Constitution of India."

Further, in so far as the election of the constituency in question 296-Gonda was concerned, the counsel for the Commission pointed out that adequate measures have been adopted by the Election Commission to ensure a free and fair election.

In view of this submission, noting that the Court has no reason to doubt the measures which the Commission must have taken, the Court decided to set the cause at rest and the writ petition was accordingly consigned to record.

It may be noted that in the Kadipura Sani area of Lakhimpur Kheri, someone had thrown adhesive on the Electronic Voting Machine (EVM) during the fourth phase of Uttar Pradesh Assembly elections.

Similarly, in Uttar Pradesh's Pilibhit, last week 34 newly installed CCTV cameras in and around a poll control room were damaged by a troop of monkeys.

Case title - Suraj Singh v. Election Commission Of India Nirvachan Sadan And 2 Others

Case citation: 

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