W.P. (C) 1382/2019
Petition challenging the electoral irregularities and to ensure free and fair elections and rule of law
The Petitioners have filed a Public Interest Litigation under Article 32 of the Constitution of India to ensure that democratic process is not subverted by electoral irregularities and to ensure free and fair elections and rule of law and for the enforcement of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India. The instant writ petition highlights dereliction of duty on part of the Election Commission of India (ECI) in declaring election results (of the Lok Sabha and State Legislative Assemblies through Electronic Voting Machine (EVMs) based on accurate and indisputable data which is put in public domain.
The petitioner seeks a direction from this Hon’ble Court directing the ECI not to announce any provisional and estimated election results prior to actual and accurate reconciliation of data. The petitioner further seeks a direction from this Hon’ble Court to the ECI to evolve an efficient, transparent, rational and robust procedure/mechanism by creating a separate department/grievance cell for investigation of discrepancies in election data and for responding to the elector’s queries on the same.
The prayers as sought for in the instant writ petition have been envisaged by this Hon’ble Court in landmark cases such as Union of India v. Association for Democratic Reforms and Anr., (2002) 5 SCC 294 and People’s Union for Civil Liberties & Anr., Lok Satta and Ors. and Association for Democratic Reforms v. Union of India (UOI) and Anr., (2003) 4 SCC 399.
On December 13, 2019, the petition was tagged with W.P.(C) No.1389 of 2019. A notice was issued, returnable on February 17, 2020.
On February 24, 2020, the bench consisting the Chief Justice and Justices Gavai and Surya Kant directed this matter to be listed on a non-miscellaneous day after four weeks. Meantime, the counter-affidavit is to be filed.