The Uttarakhand High Court yesterday dismissed a petition assailing the Election Commission’s move to conduct an EVM Challenge today..The petition filed by Congress leader Ramesh Pandey came to be dismissed by the Bench of Justices Rajiv Sharma and Sharad Kumar Sharma..After receiving many complaints as regards the usage of EVMs for elections, the Election Commission issued a press release on May 20 in an attempt to allay the parties’ fears. The release says that EVMs cannot be hacked as they are not connected to the internet and that they could not be physically tampered with. Further, a system of checks was in place to ensure that the machines could not be manipulated during storage or transportation..The Commission also announced that they would conduct an EVM Challenge on June 3, at which members of national and state recognized political parties from five states – Goa, Punjab, Manipur, Uttarakhand and Uttar Pradesh – could attend..Appearing for the petitioner, Senior Advocate Arvind Vashisht argued that the Commission’s role in the election process came to end after the declaration of the results. He also pointed out that as many as seven election petitions were pending in the Uttarakhand High Court alone, and that the EVM Challenge could influence the outcome of these petitions..Though the Court gave the Commission the green signal to hold the Challenge, it did agree with Vashisth’s latter point..“However, we are of the considered view that the Election Commission was also aware of the fact that this Court and several others High Courts are seized of the matter. The demonstration/ challenge to EVMs may influence the outcome of election petitions wittingly or unwittingly.”.Therefore, the Bench issued a caveat to the Commission asking it to ensure that the Challenge would not affect the outcome of the petitions..The Court also criticized the political parties for sparking a furore over the functioning of EVMs before the election petitions were decided.. “…a systematic campaign has been launched by the political parties to tarnish the image of constitutional body i.e. Election Commission of India. The National and State Recognized Political Parties and other social organizations should have waited for the outcome of election petitions pending in this Court as well as in other High Courts, wherein, the challenge has been laid to the functioning of EVMs.”.The Court also stood in defence of the Election Commission, and highlighted the importance of upholding the image of a constitutional body. The Right to Freedom of Speech and Expression, the Court said, cannot extend to unwarranted criticism of constitutional bodies..“The Election Commission has successfully held the free and fair elections. We cannot permit the political parties to lower down the image and prestige of the constitutional body. The un-called for criticism of the functioning of Election Commission has a deleterious effect on its functioning and the same may result in lowering its morale. The faith of the people in the election process is required to be restored at all costs….…It is the duty of the Courts to preserve, promote, nurture and maintain independence of constitutional bodies and to insulate them from unhealthy criticism. The foundation of democracy would be weakened in case this tendency, on the part of certain sections of the society to damage the institution by leveling unsubstantiated allegations, is not curbed. The right of freedom of speech and expression does not permit to level unsubstantiated charges against the functionaries of the constitutional bodies.”.Therefore, it urged political parties, NGOs and individuals to refrain from critiquing EVMs pending the disposal of the election petitions through any mode of communication..“We, however, in the larger public interest, restrain all the recognized National Political Parties, recognized State Political Parties, other political parties, Non-Governmental Organizations (NGOs) and individuals from criticizing the use of EVMs in the recently conducted elections of the State Assemblies even by approaching the Electronic Media, Press, Radio, Facebook, Tweeter etc. till the decision of the election petitions.”.Read judgment:
The Uttarakhand High Court yesterday dismissed a petition assailing the Election Commission’s move to conduct an EVM Challenge today..The petition filed by Congress leader Ramesh Pandey came to be dismissed by the Bench of Justices Rajiv Sharma and Sharad Kumar Sharma..After receiving many complaints as regards the usage of EVMs for elections, the Election Commission issued a press release on May 20 in an attempt to allay the parties’ fears. The release says that EVMs cannot be hacked as they are not connected to the internet and that they could not be physically tampered with. Further, a system of checks was in place to ensure that the machines could not be manipulated during storage or transportation..The Commission also announced that they would conduct an EVM Challenge on June 3, at which members of national and state recognized political parties from five states – Goa, Punjab, Manipur, Uttarakhand and Uttar Pradesh – could attend..Appearing for the petitioner, Senior Advocate Arvind Vashisht argued that the Commission’s role in the election process came to end after the declaration of the results. He also pointed out that as many as seven election petitions were pending in the Uttarakhand High Court alone, and that the EVM Challenge could influence the outcome of these petitions..Though the Court gave the Commission the green signal to hold the Challenge, it did agree with Vashisth’s latter point..“However, we are of the considered view that the Election Commission was also aware of the fact that this Court and several others High Courts are seized of the matter. The demonstration/ challenge to EVMs may influence the outcome of election petitions wittingly or unwittingly.”.Therefore, the Bench issued a caveat to the Commission asking it to ensure that the Challenge would not affect the outcome of the petitions..The Court also criticized the political parties for sparking a furore over the functioning of EVMs before the election petitions were decided.. “…a systematic campaign has been launched by the political parties to tarnish the image of constitutional body i.e. Election Commission of India. The National and State Recognized Political Parties and other social organizations should have waited for the outcome of election petitions pending in this Court as well as in other High Courts, wherein, the challenge has been laid to the functioning of EVMs.”.The Court also stood in defence of the Election Commission, and highlighted the importance of upholding the image of a constitutional body. The Right to Freedom of Speech and Expression, the Court said, cannot extend to unwarranted criticism of constitutional bodies..“The Election Commission has successfully held the free and fair elections. We cannot permit the political parties to lower down the image and prestige of the constitutional body. The un-called for criticism of the functioning of Election Commission has a deleterious effect on its functioning and the same may result in lowering its morale. The faith of the people in the election process is required to be restored at all costs….…It is the duty of the Courts to preserve, promote, nurture and maintain independence of constitutional bodies and to insulate them from unhealthy criticism. The foundation of democracy would be weakened in case this tendency, on the part of certain sections of the society to damage the institution by leveling unsubstantiated allegations, is not curbed. The right of freedom of speech and expression does not permit to level unsubstantiated charges against the functionaries of the constitutional bodies.”.Therefore, it urged political parties, NGOs and individuals to refrain from critiquing EVMs pending the disposal of the election petitions through any mode of communication..“We, however, in the larger public interest, restrain all the recognized National Political Parties, recognized State Political Parties, other political parties, Non-Governmental Organizations (NGOs) and individuals from criticizing the use of EVMs in the recently conducted elections of the State Assemblies even by approaching the Electronic Media, Press, Radio, Facebook, Tweeter etc. till the decision of the election petitions.”.Read judgment:
