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GUJARAT HIGH COURT DISMISSES PETITION RAISING APPREHENSIONS OF TAMPERING AND MALFUNCTIONING OF EVM

Team SoOLEGAL 20 Mar 2019 12:25pm

GUJARAT HIGH COURT DISMISSES PETITION RAISING APPREHENSIONS OF TAMPERING AND MALFUNCTIONING OF EVM

The Gujarat High Court observed recently that apprehensions of a malfunction and tamperability of the EVMs are completely unfounded and unjustified. The bench referred to reports of Election Commission of India, in this regard and said:
"We are assured that the firm conviction about the integrity and non-tamperability and credibility of the EVMs and the confidence in the robustness of the procedural safeguards as voiced in the communication dated 10.01.2019 by the Election Commission Of India, make the making process of the Returning Officer and the discretion so vested in him, under Rule 56(D)(2) beyond reproach."
It was further observed by the bench that it shall be loath to sit in judgement over the assurance of a constitutional authority like the Election Commission Of India, by saying:
"The entire step-wise procedural safeguards that the Election Commission undertakes in the manner of the conduct of elections through the EVMs and VVPATS, in exercise of its constitutional obligation under Article 324 of the Constitution Of India coupled with the technology, leaves no room of doubt for the petitioner to contend that the discretion of the Returning Officer to entertain an application under Rule 56(D) (2) of the Rules can be said to be an unguided discretion when they are qualified with the words that the rejection will only be on the ground of the application being frivolous or unreasonable. Such a rule existed even when the voting was carried out through the Ballot Box."
Advocate Khemchand Rajaram Koshti approached the High Court and challenged the Rule 56(D)(2) of the Conduct of Elections Rules, 1961, because it vests discretion in the Returning Officer for rejecting an application for counting of the printed paper slips in the drop-box of the Printer. A direction to Election Commission of India to ensure mandatory counting of those printed paper slips was also sought by him.
The Gujarat High Court, thus on Tuesday, dismissed his petition which raised apprehensions about malfunction and tamperability of Electronic Voting Machines.

Tagged: GujaratHighCourt   Petition   ElectronicVotingMachine  
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