Supreme Court rejects plea seeking re-election in Haryana

New Delhi [India], October 17 (ANI): The Supreme Court on Thursday rejected that plea seeking direction to the election commission to conduct the re-election in twenty assembly seats in Haryana alleging suspicious results and EVMs discrepancy.

A bench of Chief Justice of India DY Chandrachud, justices JB Pardiwala and Manoj Misra declined to entertain the petition.

“We are not inclined to entertain the Writ Petition instituted under Article 32 of the Constitution of India. The Writ Petition is accordingly dismissed,” the top court said.

The top court orally observed that the petition is frivolous as it demands to dismiss the government who is taking oath today. The top court eventually warned to impose costs on the petitioner.

The plea was filed by Priya Mishra and Vikas Bansal through advocate Narendra Mishra who said that the Election Commission of India (ECI) in declaring election (of the State Legislative Assemblies through Electronic Voting Machine (EVMs) based on accurate, 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 08.10.2024, were operating at 99 per cent battery capacity, while other EVMs were operating at 60-70 per cent battery capacity.

The petitioner also cited Indian national Congress party gave 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 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 percentage in at 7:25 PM , next at 11:45 PM respectively 61.19 per cent ,65.65 per cent, dated 05/10/2024 and 2:25 per cent unexpected (67.90 per cent) data’s published on 07/10/2024 at 8:44 PM before starting of some counting hour, the petition said.

“No clarification about 99 per cent to 70 per cent charged of EVM battery. These charged EVMs Machines are suspected despite without support of any additional power/energy any electronic device can be charged either without any source of additional energy physically not possible but in Haryana legislative election 2024 same thing happened,” the petition said.

Therefore the petition urged the top court to direct to ECI to conduct the re-election in Haryana of twenty suspicious Vidhan Sabha Whether these discrepancy EVMs used for counting on 08.10.2024, 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 published all three (05/10/2024 & 07/10/2024) turnout data along with form 17C and to storage of EVMs 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 democratic process is not subverted by electoral irregularities and to ensure free and fair elections and 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.