The Delhi High Court on Monday asked Delhi University's Election Commissioner to preserve the Electronic Voting Machine (EVMs) used in last week's Delhi University Students Union (DUSU) after Congress party's student wing alleged EVM tampering [Ronak Khatri & Anr vs University of Delhi].
Justice Mini Pushkarna issued notice to the Delhi University on the petition moved by National Students' Union of India (NSUI) leaders Ronak Khatri and Joslyn Nandita Choudhary.
“The present writ petition has been filed with the prayer for direction to quash and set aside polling process for the President post in view of the ground that there has been tampering of EVMs. Issue notice. In the interim the Chief Electoral Commissioner appointed by DU is directed to ensure that EVMs utilised for polling and counting, all paper trails and documentation are in a secure place under lock and key,” the Court directed.
Khatri is the former President of DUSU and Choudhary was the contesting candidate for the President’s post this year. They are challenging the election of Akhil Bharatiya Vidyarthi Parishad (ABVP) candidate Aryan Maan as DUSU President.
Advocate Mohinder Rupal, appearing for Delhi University, rejected the allegations. He contended that the colleges, where the tampering is alleged to have taken place, have not been made party to the case and that even the winning candidate was not been impleaded as a respondent.
In the petition, the NSUI leaders have sought quashing and setting aside the election held on September 18 along with preservation of EVMs. It has also been prayed that fresh polling be ordered for the post of President.
According to the plea, EVMs were tampered with blue ink markings against the name of the ABVP candidate to influence voters.
"This undermines the neutrality, transparency and legitimacy of the electoral process," the NSUI leaders have stated in the petiton.
They had requested the Election/Returning Officers, University officials and teachers on election duty to preserve the tainted EVMs, record incident reports and halt the polling process but the authorities refused or failed to act, allowing the compromised polling process to continue, it has been contended.
The next date of hearing in the case is on December 16.
In a related development, the Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela last week issued notice to certain erring candidates including ABVP's newly elected President and Secretary for violation of rules during the poll process.
The DUSU election was conducted on September 18 and the results were announced on September 19. However, the Court noted that violations continued despite Court's express order banning victory processions.
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