Simply asserting EVM was imperfect would not prove to be a false election without proof of material impact on the outcome:Bombay High court
Case no. – Writ Petition No. 280/2023
Case Title – Meerabai W/o Dnyaneshwar Chatare v. Returning Officer to the Election
Appearance
Petitioner-Shri S.D. Chopde,
Respondent 1 –Ms N.P. Mehta, Assistant Government Pleader
Respondent 2-Shri O.Y. Kashid,
CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, J J.
DATE ON WHICH ARGUMENTS WERE HEARD: AUGUST 18, 2023
DATE ON WHICH JUDGMENT IS PRONOUNCED: NOVEMBER 04, 2023
Introduction
The High Court of Bombay on Saturday clutched that by simply asserting that the electronic voting machine was imperfect that would not prove to be false an election in the absence of proof that this defect majorly influenced the outcome of the election.
A division bench of Justice AS Chandurkar and Justice Vrushali V. Joshi sitting at Nagpur refused to quash the election of a Sarpanch who won by one vote in a plea challenging the election on the ground that the EVM recorded one vote less than the number of votes cast.
Facts of the case
The court dismissed a writ petition challenging the election results for the post of Sarpanch at Gram Panchayat Sheri (Budruk) in Tahsil Telhara, DistDistrict Akola
it was submitted that the matter would require recording of evidence and such course was permissible only under the statutory remedy as provided.
The petitioner objected to the election results before the Returning Officer, raising concerns about the discrepancies between the votes polled and counted.
the petitioner filed the present writ petition challenging the election.
Shri S.D. Chopde, learned counsel for the petitioner submitted that a ground based on a defect in the Electronic Voting Machine could not be raised while challenging the results declared at the election of the Sarpanch.
the petitioner has invoked the jurisdiction under Article 226 of the Constitution of India
Analysis of the court
It is thus clear that on the plain statement that there was a difference of one vote in the total number of votes polled and those counted would not be sufficient to unseat the second respondent notwithstanding the fact that she was elected by a margin of one vote. Unless the Court is in a position to record an unequivocal finding that but for the defect in the Electronic Voting Machine the petitioner would have been elected to the post of Sarpanch, we do not find that any relief can be granted to the petitioner.
For aforesaid reasons, we do not find that the petitioner can be granted the relief sought by her. The writ petition is thus dismissed
stands discharged with no order as to costs
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Written By
Kaulav Roy Chowdhury