SC declines to entertain plea against first level checking of EVMs, ET LegalWorld | Court Practice News


The Supreme Court on Monday declined to entertain a plea filed by Delhi Congress challenging the State Election Commission’s conduct in relation to the “First Level Checking” of EVMs and VVPATs ahead of the upcoming general elections.

A bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra affirmed the Election Commission’s guidelines on the issue and said it was not inclined to interfere with the Delhi High Court order in the matter.

The Delhi High Court last month dismissed Delhi Pradesh Congress Committee’s (DPCC) Anil Kumar Kumar’s plea. Kumar approached the top court challenging the High Court order.

During the hearing, the CJI noted that the DPCC chose not to participate in the First Level Checking (FLC), while other political parties actively took part.

“DPCC stayed away from the proceedings, all other political parties participated. Now interfering in this would delay the entire election schedule,” the apex court said.

The bench said for the court to enter into this now would completely delay the elections. “We don’t want to enter into this,” the bench said after which Kumar’s counsel withdrew the plea.

“The process is very detailed, parties have faith in EVM and it is replicated all across India,” said the CJI.

The petition alleged that the entire procedure followed for the commencement of FLC was not transparent and contrary to the directions of the Election Commission of India.

  • Published On Oct 9, 2023 at 02:53 PM IST

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