Lok Sabha polls: Delhi High Court rejects Congress leader's plea for fresh First Level Checking of EVMs, VVPATs

The Delhi High Court recently dismissed a plea by Delhi Pradesh Congress Committee (DPCC) President Anil Kumar seeking directions to the Election Commission of India (ECI) to reconvene the first level checking (FLC) of EVMs and VVPATs in all 11 districts of the national capital for the upcoming Lok Sabha polls. .A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that that ECI operates on strict timelines and any alterations like re-initiation of the FLC process would be a significant regression. The Court also rejected the petitioner's argument that serial numbers of EVMs should be provided to the representatives of the political parties before inspection. "Given the gravity of the electoral process, the petitioner’s focus should have been on active participation, rather than on abstaining due to procedural apprehensions. Moreover, in our view, when a procedure as significant as the FLC offers opportunities for representation and observation from political entities, it becomes the duty of these representatives to participate actively and ensure the process’ credibility. Abstaining from participation and later questioning the integrity of the same process does not reflect well on the petitioner," the Court said. It, therefore, concluded that the petition lacks substantive ground. "For the foregoing reasons, the present petition is dismissed along with other pending application.".The petition had been filed as a public interest litigation (PIL). It contended that the ECI did not give sufficient time and information to the political parties before starting the FLC and that this was in violation of the directions issued by the election commission. Singh further argued that the particulars of EVMs and VVPATs like the serial number and manufacturing, which are mandatory for the verification of the machines undergoing FLC, was not provided to him or the DPCC before the commencement of the FLC despite specific demand letter.The plea, therefore, sought directions to reconvene the FLC and that asked for sufficient notice to the political parties so that their representatives can participate..However, the Court was of the view that there is no directive demanding prior notification and that there are sufficient robust procedures which exude complete transparency. "The sealing process – a crucial part of FLC – is not just demonstrative in nature but also participative, allowing political representatives to mark their approval through signatures. The provisions for recording and distributing details like the unique number of control units and pink paper seal serial numbers enhance the process’ credibility, leaving little room for scepticism. Thus, given the rigorous and transparent procedure, Petitioner’s contentions questioning the reliability or security of the FLC process, are unfounded," the Court said. The Bench noted that the DPCC chose to stay away from the process and that the petitioner's claim that the notice informing the FLC schedule was inadequate, does not find favour. "As per paragraph 5 of ECI’s Instructions dated 13th September, 2022, the DEO [District Election Officer] is required to intimate the dates of the process at least two days prior to the commencement of FLC. Considering the time sensitivity and the mandate to conclude the process three months prior to the tentative announcement of election, despite their absence, FLC was conducted and has since culminated with the issuance of FLC-OK ballot units, control units, and VVPATs lists to all the national and state recognized political parties.".Senior Advocates Salman Khurshid and Narendra Hooda along with advocates Aljo K Joseph, Prashant Jhajariya, Sunil Kumar and Sommya Chaturvedi appeared for the petitioner Anil Kumar. ECI was represented by advocate Ankit Agarwal. Senior Advocate Sukumar Pattjoshi with Standing Counsel Suruchi Suri and advocates Aakash Gupta and Ram Krishna Rao represented the DEOs. .[Read Judgment]