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Congress Leader’s Plea Dismissed by the Supreme Court Challenging ‘First Level Check’ of EVMs, VVPATs carried out by Election Commission.

Case Title:-Anil Kumar v. Election Commission of India And Ors SLP(C) No. 21693/2023

The Supreme Court dismissed the plea filed by the congress party leader Anil Kumar, President of Delhi Pradesh Congress Committee. The plea was filed by the leader by challenging the “First level check” of Electronic voting machine (EVMs) and voter verified paper trials VVPATs conducted by the Election commission of India in July this year at eleven district offices in Delhi for their use in the 2024 Lok Sabha polls.

A Bench of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing the petition filed by the leader of Congress party. 

CJI expressed his views in this “Not for us to interfere. Now for us to enter into this would completely delay the election. We don’t want to enter into this.”

The Petitioner’s Counsel replied “However the Delhi Pradesh Congress Committee was not provided with the unique identification number” of EVM and VVPAT machine. In reply of this CJI said “the party should approach the election commission for the same and instead, it did not participate. 

The Counsel responded by stating that no parties had participated. 

CJI then remarked- “Possibly that no parties joined means that there is faith in the process.”

Here, the counsel further elaborated upon his point and said “when these machine are manufactured and dispatched from the warehouse of the concerned District Magistrates, they prepare a unique identity of each machine. The identity is sent with machines. What happens on the way-no one knows and it is received in the Delhi warehouse. There is no tally on numbers sent and once they receive.”

Dismissing the plea, the CJI said “The process is very detailed. Parties have faith in it. It has been replicated across India. We’ll leave it at that Dismissed as withdrawn.”

Written by- Anmol Kashyap

College name- City Law College

Semester- 3rd year 5th Semester an Intern under Legal Vidhiya

Case Title:-Anil Kumar v. Election Commission of India And Ors SLP(C) No. 21693/2023

The Supreme Court dismissed the plea filed by the congress party leader Anil Kumar, President of Delhi Pradesh Congress Committee. The plea was filed by the leader by challenging the “First level check” of Electronic voting machine (EVMs) and voter verified paper trials VVPATs conducted by the Election commission of India in July this year at eleven district offices in Delhi for their use in the 2024 Lok Sabha polls.

A Bench of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing the petition filed by the leader of Congress party. 

CJI expressed his views in this “Not for us to interfere. Now for us to enter into this would completely delay the election. We don’t want to enter into this.”

The Petitioner’s Counsel replied “However the Delhi Pradesh Congress Committee was not provided with the unique identification number” of EVM and VVPAT machine. In reply of this CJI said “the party should approach the election commission for the same and instead, it did not participate. 

The Counsel responded by stating that no parties had participated. 

CJI then remarked- “Possibly that no parties joined means that there is faith in the process.”

Here, the counsel further elaborated upon his point and said “when these machine are manufactured and dispatched from the warehouse of the concerned District Magistrates, they prepare a unique identity of each machine. The identity is sent with machines. What happens on the way-no one knows and it is received in the Delhi warehouse. There is no tally on numbers sent and once they receive.”

Dismissing the plea, the CJI said “The process is very detailed. Parties have faith in it. It has been replicated across India. We’ll leave it at that Dismissed as withdrawn.”

Written by- Anmol Kashyap

College name- City Law College

Semester- 3rd year 5th Semester an Intern under Legal Vidhiya


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