Uncertainty looms over next year's assembly elections in Punjab, Uttar Pradesh, Goa, Uttarakhand and Manipur as the Election Commission moved the Supreme Court seeking timely release of EVMs and VVPATs used in state elections last year and this year, which are kept in safe custody in anticipation of filing of election petitions.
As per the statute, EVMs are to be kept untouched and safe for 45 days from the declaration of results, which is the time limit for a defeated candidate to file an election petition challenging the results. If no election petition is filed within the period of limitation (45 days), EVMs can be released for re-use in subsequent elections.
The problem faced by EC stems from an order of the Supreme Court which, keeping in mind the difficulties posed by the Covid pandemic, indefinitely extended the limitation period since the disease gripped the country from March last year. This means, all election results declared within 45 days of the lockdown enforced in March last year due to the pandemic, would still be open for challenge by the defeated candidates. Thus, all the EVMs deployed for assembly elections in Assam, Kerala, Delhi, Puducherry, Tamil Nadu and West Bengal could not be reused unless the SC fixed a specific time period for filing of election petitions concerning these polls.
Senior advocate Vikas Singh mentioned the EC's application before a bench headed by CJI N V Ramana and sought an urgent hearing while conveying the anxiety of the poll panel about the uncertainty around next year’s state elections, given the fact that about 450,000 EVMs, used in the assembly polls this year and last year, remain locked. The bench agreed to list the application as early as possible.
The EC, in its application, said, "Every Electronic Voting Machine (EVM) used in an election and kept in the custody of the District Election Officer shall be kept untouched, under the standard protocol of security, till confirmation of election petition position from the high court concerned after the completion of the period for filing election petition, that is, 45 days from the declaration of the result."
"In the case of elections, where no election petitions have been filed or no other court cases are pending, after the aforesaid period of 45 days, EVMs may be used for any future election or any other purpose like movement, physical verification of EVMs. In case of any election where election petition has been filed, the following action shall be taken: (i) If EVMs are the subject of the election petition, EVMs used at all polling stations in the constituency concerned shall continue to be kept in the safe custody of the District Election Officer, till such time the election petition is finally disposed of by the courts. (ii) If EVMs are not the subject of the election petition, an application may be moved to the court concerned for allowing EVMs concerned to be taken out of the strong room for any future election or any other purpose like movement, physical verification of EVMs etc," the EC said.
EC said for next year’s assembly elections in five states, 460,000 EVMs and 400,000 VVPATs would be required. It said it has a stock of 140,000 EVMs and 100,000 VVPATs.
