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Delhi HC rejects PIL against Assembly proceedings on 'EVM tampering'

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that they are not inclined to entertain the plea, as it cannot interfere in the functioning of the Assembly.

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The Delhi High Court refused to listen to a plea on Thursday, which sought the declaration of the Delhi Assembly proceedings on mock EVM tampering by MLA Saurabh Bharadwaj as unconstitutional.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that they are not inclined to entertain the plea, as it cannot interfere in the functioning of the Assembly.

The court's order came while hearing a plea filed by Abhishek Anand Rai, who was aggrieved by the May 9 proceedings of the Delhi Assembly, where Bharadwaj had shown how an EVM could be tampered with.

During the hearing on Thursday, the court posed a query to Rai, asking whether there was any judgment questioning the proceedings of the House.

However, Rai, a lawyer, could not give a suitable reply to the court, following which the bench rejected the plea. "It is the discretion of the Speaker of the House. So, there is no question of interference by us in the procedure of the House," the bench said.

On May 9, Aam Aadmi Party MLA Saurabh Bharadwaj enacted a dramatic demonstration of "EVM tampering" on the floor of the House. Conducting a mock poll on an EVM machine in the Assembly, Bharadwaj had demonstrated how, despite giving two votes each to various parties, the final count showed that votes of some parties had been transferred to only one.

The petition had asked to declare the discussion and the resolution passed by the AAP MLA as "illegal" on the grounds that the matter of EVM tampering was pending consideration before the Supreme Court.

Earlier, the Delhi government, through its counsel Ramesh Singh, had raised questions on the maintainability of the plea. Following this, the court had directed both parties to give written submissions stating the laws on which they would rely on to support their contentions

PENDING

  • A petition asked HC to declare the resolution passed by an AAP MLA as “illegal” on the grounds that the matter of EVM tampering was pending consideration before the Supreme Court.

 

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