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Gujarat elections: High Court rejects petition alleging defective EVMs

The bench noted that the Election Commission's reply that it has already replaced all the defective EVMs, VVPATs and control units with working units

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In separate judgements related to the upcoming Assembly elections, the Gujarat High Court on Thursday rejected a petition alleging defective EVMs and VVPATs, and reserved its order on a petition challenging election code manuals.

The third division bench of justice Akil Kureshi and justice AY Kogje rejected a petition filed by the Gujarat Pradesh Congress Committee, alleging that a first level check of the EVMs, VVPATs and control units had reported defects, and that old EVMs were prone to manipulation and should be replaced with new ones.

The bench noted that the Election Commission's reply that it has already replaced all the defective EVMs, VVPATs and control units with working units. In rejecting the petition, the court observed that the main grievance of defective balloting had been addressed by the EC. In another petition, the Gujarat Chambers of Commerce and Industry had challenged the Election Commission's election code manuals, under which cash transactions had been brought under surveillance. The first division bench of chief justice R Subhash Reddy and justice Vipul Pancholi reserved its order after submissions by both sides concluded on Thursday.

The petitioners claimed that searches by Static Surveillance Squads encroach on the privacy of trade and industry, and that even high-value banking transfers are reported to the Income Tax department.

Election Commission's senior counsel Percy Kavina submitted that the EC's teams act only after there is order from the executive magistrate, which protects the rights of the common man, and that people have got relief from police harassment on a large scale.

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