HC rejects Somnath’s plea to provide burnt memory of EVMs

New Delhi : The Delhi High Court on Monday rejected the plea of AAP leader Somnath Bharti seeking a direction to the Election Commission of India (ECI) to provide him with the burnt memory of EVMs used for the New Delhi constituency during the Lok Sabha elections.

The high court, however, directed the returning officer concerned that all VVPATs paper slips be taken out from the drop box of VVPATs and be kept in a paper envelope as per the procedure prescribed by the ECI. The court was hearing a petition by Bharti challenging the election of BJP MP Bansuri Swaraj to the New Delhi Lok Sabha seat on grounds of alleged corrupt practices.

“The dispute in the suit is not regarding counting of votes. There is no requirement for the ECI to preserve the EVMs considering the forthcoming elections across the country. “The prayer of the petitioner seeking a direction to the ECI to provide him with the burnt memory of 1,489 EVMs used in this election is rejected and it is clarified that respondent 3 (returning officer) is at liberty to release the EVMs used for New Delhi constituency elections for the purposes of other elections,” Justice Manmeet PS Arora said.

The court said though there is no dispute regarding counting or recounting of votes, however, in terms of the statement made by the counsel for ECI on August 20, the commission is directed that all VVPATs paper slips taken out from the drop box of VVPATs and kept in a paper envelope as certified and be preserved as per the procedure prescribed by the poll panel till the next date of hearing.