Supreme Court rejects Congress’ First Level Checking of EVMs demand
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New Delhi: The Supreme Court rejected a plea on Monday that sought the disclosure of the Unique Identity Number (UIN) of Electronic Voting Machines (EVMs) to be used in the upcoming Lok Sabha elections. The plea was filed by Anil Choudhary, the chief of the Delhi Pradesh Congress Committee, challenging the Delhi High Court's decision to dismiss his request.
A three-judge bench, led by Chief Justice D Y Chandrachud, emphasized the faith political parties have in the First Level Checking (FLC) process of EVMs, describing it as "very detailed" and successfully replicated across India.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, noted that Choudhary had not participated in the FLC process despite being invited.
Chief Justice Chandrachud expressed reluctance to interfere in the matter, stating, "We don't want to enter into it. This will completely delay the election schedule. We don't want to do it." The counsel representing Choudhary argued that the FLC process should be completed at least 90 days prior to the election, citing concerns about time constraints.
However, the court maintained its stance, emphasizing the detailed procedure laid down for FLC.
Choudhary claimed that the Election Commission of India (ECI) had informed him in July about commencing the FLC process and invited his participation. However, he requested the Unique Identity Numbers (UINs) of all EVMs before the FLC, a request that was reportedly fulfilled only after the FLC was completed.
The court acknowledged that the Congress party was the only one willing to participate in the FLC, and Chief Justice Chandrachud suggested that the lack of participation by other parties could indicate their faith in the process.
The counsel for Choudhary shed light on the EVM distribution process, explaining that the UINs are prepared by the Electronics Corporation of India or Bharat Electronics when the machines are dispatched. However, concerns were raised about the lack of tallying between the dispatched and received numbers.
