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AAP MLA Somnath Bharti’s plea for preserving burnt memory of 1,490 EVMs rejected

The Election Commission of India (ECI) had requested the court that the EVMs be released, as they are required during the upcoming Assembly elections.

Somnath Bharti, Election Commission of India, rejected EVMs, AAP MLA Somnath Bharti, aap, bjp, evm, vvpat, electronic voting machines, indian express newsAAP MLA Somnath Bharati (File Photo)

In an election petition filed by AAP MLA Somnath Bharti, challenging the Lok Sabha win of BJP’s Bansuri Swaraj from New Delhi, the Delhi High Court on Monday rejected Bharti’s plea seeking the burnt memory of all the 1,490 electronic voting machines (EVMs) used in the constituency.

The Election Commission of India (ECI) had requested the court that the EVMs be released, as they are required during the upcoming Assembly elections.

It was also submitted that preserving the burnt memory of all the 1,490 EVMs would be in contravention of the Supreme Court’s judgment as per which, Bharti could request for the burnt memory of 75 EVMs. Furthermore, Rs 40,000 each would be needed to preserve the burnt memory of the EVMs.

The court of Justice Manmeet Pritam Singh Arora held that it was never Bharti’s intention to seek verification of the 1,490 EVMs “and the request for the burnt memory raised for the first time at the hearing held on 27.08.2024 was a knee-jerk reaction to the prayer of (ECI) seeking a clarification to reuse the EVMs”.

The court observed in its interim verdict, “…neither in this petition nor during the oral arguments, the petitioner has identified any EVM, which is alleged to have been tampered or modified. In fact, the petition does not contain any allegation that the EVMs used in the New Delhi constituency were tampered or modified…”

The court, however, directed ECI that all VVPAT paper slips used in the election be kept in a paper envelope and preserved till the next date of hearing.

 

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