The Supreme Court on Tuesday refused to entertain a public interest litigation petition filed by Advocate Mehmood Pracha alleging that the Election Commission of India violated the rules governing the conduct of elections through Electronic Voting Machines (EVMs).
The Bench of Justice Sanjiv Khanna and Justice PV Sanjay Kumar dismissed the PIL, terming the allegations in the plea as vague and a gross abuse of the process of law.
The Bench noted that it deliberately heard the matter earlier because it was conscious of the issue.
Any person aggrieved by any issue relating to the election process could file a petition before the concerned High Court. If there was any issue, the authorities would take care of it, said the Apex Court.
It directed Advocate Pracha that in case the lawyer had any issue with regard to any particular constituency, he should go to that jurisdiction by an election petition.
The petition sought a detailed inquiry by a high-powered committee into the allegations.
Earlier on April 26, the top court of the country dismissed a plea seeking to tally every Voter Verifiable Paper Audit Trail (VVPAT) slip with votes cast through EVMs.
The Apex Court had observed in that judgment that the procedures and safeguards put in place by the ECI were conducive to a free and fair election.
The PIL filed by Pracha sought to highlight various violations by the ECI by placing on record various violations of the Manual on Electronic Voting Machine, the Handbook for Presiding Officer, and mishandling of the EVMs before and after polling.
The PIL also sought enforcement of laws, rules and protocols to be put in place to govern the conduct of elections through EVMs.
The petition placed evidence in the form of various records, including videography, photographs, letters and documents, which established that the ECI had acted arbitrarily without adopting the required safeguards conducive to a free and fair election. It said the continuation of such arbitrary practices without the required safeguards would also adversely impact future elections in India.
Apart from seeking a detailed enquiry, Pracha submitted that the top court of the country should periodically monitor the preparedness and conduct of future elections by the ECI.
The plea further sought the appointment/setting up of an Ombudsman/Committee to oversee the functioning of the ECI with the power to hold members of the ECI accountable for any deviation from the established rules.
The PIL was filed through Advocate RHA Sikandar. Advocate Tasneem Ahmadi appeared for Pracha.