SC bench of Chief Justice Sanjiv Khanna to hear plea seeking verification of EVMs
New Delhi (PTI): A Supreme Court bench headed by Chief Justice Sanjiv Khanna will hear a plea filed by former Haryana minister and five-time MLA Karan Singh Dalal seeking a policy for the verification of Electronic Voting Machines.
When the matter came up for hearing on Friday before Justices Dipankar Datta and Manmohan, the bench said the case shall be placed before the Chief Justice along with similar petitions.
"This can go before the Chief Justice's bench," the bench said.
Dalal has approached the Supreme Court seeking a policy for the verification of Electronic Voting Machines (EVMs). He has sought compliance of an earlier judgement of the top court delivered in the case of 'Association for Democratic Reforms v. Union of India'.
Dalal and co-petitioner Lakhan Kumar Singla secured the second-highest votes in their respective constituencies and have sought a direction to the Election Commission (EC) to implement a protocol for examining the original "burnt memory" or microcontroller of the four components of the EVM -- the Control Unit, Ballot Unit, VVPAT and Symbol Loading Unit.
The top court in its earlier judgement had mandated that five per cent of the EVMs per assembly constituency should undergo verification by the engineers from EVM manufacturers after the election results are announced.
It was said by the top court that the verification process would be conducted upon a written request from the candidates securing the second or third-highest votes.
The petitioners said the poll panel has failed to issue any such policy, leaving the procedure for burnt memory verification unclear.
According to the petition, the current Standard Operating Procedure (SoP) issued by the Election Commission only involves basic diagnostic tests and mock polls, without scrutinising the burnt memory for tampering. The role of engineers from Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL), the manufacturers of EVMs, is reportedly limited to counting VVPAT slips during the mock poll.
The petition said this approach prevents a thorough examination of the machines' integrity.
Dalal and Singla said their petition did not challenge the election results but sought a robust mechanism for EVM verification.
Separate election petitions challenging the results are already pending before the Punjab and Haryana High Court. The petitioners have urged the Supreme Court to direct the ECI to conduct the verification exercise within eight weeks.
The Bharatiya Janata Party (BJP) won 48 out of 90 assembly seats in the recently held elections in Haryana.
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TVK chief should be given opportunity to prove majority in TN Assembly: Omar
Srinagar (PTI): Jammu and Kashmir Chief Minister Omar Abdullah on Friday said there was no justification for the Tamil Nadu governor to stop TVK leader Vijay from forming the government, and he should be provided an opportunity to prove majority in the assembly.
Tamil Nadu Governor Rajendra Vishwanath Arlekar on Thursday rejected TVK chief Vijay's claim to form the government, stating that his party lacks the requisite numbers.
The Tamilaga Vettri Kazhagam (TVK) has fallen short of meeting a simple majority to form the government in Tamil Nadu. Though the Congress with five MLAs has offered support to TVK, Vijay's party falls short of a simple majority of 118 in the 234-member Tamil Nadu Assembly.
Abdullah said there was no justification for President's rule in Tamil Nadu in view of numerous Supreme Court judgements emphasising on inviting the single largest party to form the government and then prove its majority on the floor of the house.
"If we see the Supreme Court judgement, then there should be no President's rule. There are so many cases in which the SC has clearly stated that after the elections, the single largest party should be invited (for government formation) and they should be allowed to prove their majority in the assembly," Abdullah told reporters here when asked about the political situation in Tamil Nadu.
"It happened when (former prime minister) (A B) Vajpayee formed the government for 13 days, the President of India did not wait for him to show his numbers. The President of India invited him, the government was there for 13 days, but when Vajpayee did not have the numbers, he resigned," he said.
So, if we take the SC judgement, the J-K CM added, then the Tamil Nadu Lok Bhavan "has no justification to stop this process".
"Vijay should be allowed to form the government, and then he should be provided an opportunity to prove his majority and if he proves, he will remain, but if not, then he will have to resign," Abdullah said.
To a question on whether there would be impact of the Special Intensive Revision (SIR) in Jammu and Kashmir, the CM said its impact remains to be seen in the rest of the country first as the assembly elections in the Union territory were not due till 2029.
"As of now it (SIR) has happened in Bengal only. Why are you worried about J-K? The elections are not to take place here till 2029. Let us first see its impact in the rest of the country. What we had to suffer (in J-K), we have. We suffered their delimitation, which was done to benefit the BJP and its friends. Let's see what happens in the future," he said.
On the reported remarks of Leader of Opposition in the J-K assembly, Sunil Sharma, that if the chief minister goes for cabinet expansion, then his party, the National Conference (NC), would suffer like the Shiv Sena in Maharashtra and someone like Eknath Shinde would emerge here as well, Abdullah said all his MLAs stand firmly with the party.
"This tells about the intentions of the BJP. 'Aaya Ram Gaya Ram' (turncoats). Eknath Shinde left because the BJP helped him to leave. It is obvious that the LoP is impatient to hold the chair of the chief minister of J-K. I will only tell him that there is no Eknath Shinde in the National Conference. NC's MLAs stand firmly with the party," he said.
Abdullah said the cabinet expansion is on hold because statehood has not been restored to J-K.
"Cabinet expansion is not on hold because of any fear and that is why I regularly say that the LoP proves through statements like this that till the BJP does not get power, they will not allow us to work smoothly and will not make J-K a state again," he said.
Hitting out at the LoP and the BJP, the J-K CM said the people of J-K, especially those who voted for the BJP in the last elections, should remember that the LoP and his party "indulge in the politics of blackmail and the people here are intimidated in the name of statehood".
