The Uttarakhand High Court, which in its order earlier this week refused to stay the ‘EVM challenge’ organised by the Election Commission, also held that the exercise would not in any way impact the outcome of the currently pending election petitions on the EVM issue.
“We leave it now to the wisdom/discretion of the Election Commission of India to hold the demonstration/challenge, but with a caveat that even after it is held, as scheduled, it will not affect the outcome of the pending election petitions,” said the Division Bench judgment.
The order said the EC was aware that the court, and several other High Courts, were seized of election petitions. “The demonstration/challenge to EVMs may influence the outcome of election petitions wittingly or unwittingly,” the court observed.
On its part, the Election Commission said there was no scope for tampering with the EVMs and that this exercise had been undertaken to allay the fears of political parties.
The petitioner, the vice-president of the State Congress Committee, had contended that the court was seized of seven election petitions, whereby, a challenge had been laid to the functioning of EVMs, stating that demonstration of their functioning might influence the outcome of election petitions. “This court has taken notice of the fact that the election petitions are pending wherein the challenge has been laid to the use of EVMs during elections. The National and the State-recognised political parties were aware of the challenge laid down to the use of EVMs during elections,” said the court.
Campaign against EC
It further said: “However, despite that, a systematic campaign has been launched by the political parties to tarnish the image of the constitutional body i.e. Election Commission of India. The national and State-recognised political parties and other social organisations should have waited for the outcome of election petitions pending in this court as well as in other High Courts, wherein, the challenge has been laid to the functioning of EVMs.”
The Division Bench restrained all the political parties, NGOs and individuals from criticising the use of EVMs in the recently conducted elections of the State Assemblies, even by approaching the electronic media, press, radio, Facebook, Twitter and other means, till the decision of the election petitions.
“In the present case, the petitioner is a member of the Congress party and he cannot be oblivious to the pendency of election petitions. The Election Commission has successfully held the free and fair elections. We cannot permit the political parties to lower the image and prestige of the constitutional body,” said the court.
The Division Bench said the “uncalled-for criticism of the functioning of Election Commission has a deleterious effect on its functioning and the same may result in lowering its morale. The faith of the people in the election process is required to be restored at all costs. Holding of free and fair election is a basic feature of the Constitution. The Election Commission is not comparable with any other authority”.
