Bombay High Court objects to Election Commission taking possession of open land to store EVMs

The Bombay High Court on Thursday took exception to the manner in which the Election Commission of India (ECI) took possession of an open plot of land to store Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT) machines without following the requisite procedure [Prashant Raul & Anr v. Pimpri Chinchwad Municipal Corporation & Ors.]..A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor questioned the manner in which such land was allotted to the Election Commission of India.“Is there any law which permits requisition without any compensation? Only because conducting an election involves overwhelming public function, the most important feature of democracy, can it be done without following law? Only by ECI asking for it, can this land be taken over by the District Collector (also District Electoral Officer)? How was this allotment done?” the Court demanded..It also enquired how could land immediately be used without change in the land use as required under the land laws of the State.“Even if requisition procedure is carried out, can we permit land use in the name of elections unless land reservation is changed? These are some of the concerns which arise. After due thought, these plots have been reserved for a particular purpose. At least 600 saplings have been planted. Disturbing this thing, in prima facie such an illegal manner is something which we cannot permit,” the Court remarked..The Court said that permitting State authorities to do so would tantamount to lawlessness. “What concerns me is not just change of use, but the manner in which it has been taken only because (of elections). A layman can feel that this is important. But if we permit this, then we do not know, what else is lawlessness,” the CJ added. .The Court was approached by two individuals from the Pimpri Chinchwad Municipal Corporation (PCMC) who were aggrieved by the proposal and intention of the State authorities to utilise the Metro Eco Park Akurdi for purposes other than that of an open space.The land was purported to be utilized for construction of building to store EVMs and VVPAT and as a regional election training center of ECI. They claimed that some portions of the open space land within the park had been allegedly transferred to ECI for this purpose illegally which prompted them to approach High Court..Senior advocate Ashutosh Kumbhakoni along with advocate Akshay Shinde for ECI assured the Court that the plot reserved as open space will not be used for construction activity and the trees standing on it shall not be cut and they will continue to be provided with watering facilities.The Court recording this statement in its order and posted the matter for further consideration on June 18.The court also issued notice to PCMC, Pune Metropolitan Regional Development Area (PMRDA) and State of Maharashtra.“Matter requires consideration and raises issue relating to larger public interest and environment as well. Hence, we call upon all respondents to file their affidavits by June 10,” the Court said in its order..[Read order]