State Election Commission Has No Role In Conducting General Elections: ECI To Delhi High Court In PIL Over ‘First Level Check’ Of EVMs, VVPATs

The Delhi High Court on Friday refused to entertain a PIL 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 was moved by Anil Kumar, President of Delhi Pradesh Congress Committee which is a unit of Indian National Congress party.

The PIL was 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.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula permitted Kumar to withdraw the PIL and granted him liberty to file a fresh petition after the counsel appearing for Election Commission of India submitted that the prayers were made against the State Election Commission, which does not have any role in the conduct of General Elections.

“Please look at the body of the petition. All the sentences, all paragraphs…they are directed towards the State Election Commission. Please withdraw this and file a fresh petition,” the court told Senior Advocate Salman Khurshid who appeared for Kumar.

The counsel appearing for ECI also submitted that the petition was filed in a very casual manner and that Kumar did not challenge the guidelines issued by ECI or state if there was a violation of the same.

“The petitioner prays for withdrawal of the petition with a liberty to file a fresh PIL. The petition is dismissed as withdrawn with the said liberty,” the court said.

Kumar had 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 was 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 was 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 had 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 stated. It added that if the procedure itself is not transparent, how can the Election Commission of India ensure a free and fair election.

Advocate Ankit Agarwal appeared for Election Commission of India. Senior Advocate Sukumar Pattjoshi along with Advocate Suruchi Suri appeared for Chief Electoral Officer.

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

Citation: 2023 LiveLaw (Del) 749