New Delhi: Twenty one opposition leaders, led by Andhra Pradesh Chief Minister N Chandrababu Naidu, moved the Supreme Court Wednesday seeking review of its April 8 order which directed the EC to increase random matching of VVPAT slips with EVMs to five polling booths per assembly segment in the ongoing general elections.
Naidu, who had earlier sought 50 per cent random matching of VVPAT slips with EVMs, has sought the review of the apex court's order saying that the "increase from 01 (one) to 05 (five) is not a 'reasonable number' and does not lead to the satisfaction desired by this court".
The plea, which has been filed after the conclusion of third phase of polls, said: "The petitioners submit that the aforesaid increase to a mere 2 per cent is not sufficient and will not make any substantial difference to the situation that existed prior to the passing of the impugned order.
"Therefore, even though the Petitioners have succeeded on the merits of their contention, their success does not resolve their grievance or cause any meaningful change to the situation that they were originally aggrieved of."
Referring to earlier observations of the apex court, it said that the 2 per cent increase in random matching of VVPAT slips with EVMs would not achieve the purpose of raising "public confidence in the integrity of the electoral process".
The plea opposed the Election Commission (EC) argument, which was accepted by the court, that as the elections were nearby and hence it would not be viable to increase the number of random matching of VVPAT slips with EVMs.
"It is submitted that, once this court agrees that the number of EVMs that should be subjected to VVPAT verification should be increased to a 'reasonable number', not increasing the same to a number which is 'reasonable' because it may not be 'viable' to do so renders the entire exercise otiose and futile," the plea said.
Consequently, the 'viable number' must also necessarily be reasonable, it said, adding that at many booths the Andhra Pradesh the VVPAT machines were not working properly.
"In the State of Andhra Pradesh alone, polling had to be delayed I deferred in 618 polling booths and 20 polling booths reported law and order problems," it said.
The top court on April 8 directed the EC to increase random matching of VVPAT slips with EVMs to five polling booths per assembly segment, from one at present, in the upcoming Lok Sabha polls.
It had said that the increase would provide greater satisfaction not just to political parties but the entire electorate.
The apex court however had not agreed to the demand of 21 Opposition leaders for counting of at least 50 percent of the Voter Verifiable Paper Audit Trail (VVPAT) slips with the Electronic Voting Machines (EVMs) in every assembly segment.
EC currently follows a system of random counting of VVPAT slips in one polling booth per assembly segment of a Parliamentary or Assembly constituency.
The apex court had disposed of the plea filed by 21 opposition leaders.
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Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
