KOCHI: The Election Commission of India (ECI) has sought the permission of the Kerala High Court to release the Electronic Voting Machines (EVMs) used in the Thrissur parliamentary constituency during the last general elections, currently under the custody of the Thrissur district election officer. The move aims to facilitate the deployment of these EVMs in the upcoming elections.
The ECI clarified that the machines are not required for the adjudication of a petition filed by Binoy A S, AIYF Thrissur district president, against the election of BJP candidate and current Union Minister of State for Petroleum and Tourism, Suresh Gopi.
The petitioner alleged that Suresh Gopi and his election agents indulged in corrupt practices by invoking religious symbols during his campaign, and sought to declare his election null and void.
During the election campaign, the BJP candidate also gave gifts to voters as a gratification with the object of directly and indirectly inducing voters, alleged the petitioner. Hence, the election should be declared void as the candidate, his election agents and other persons committed corrupt practices.
Suresh Gopi won the Thrissur Lok Sabha seat by a huge margin of 74,686 votes.
In an affidavit filed before the High Court, Pranabjyoti, Chief Electoral Officer, Kerala submitted that the Election Commission of India has initiated the process of stocktaking of Electronic Voting Machines (EVMs) and Voter-Verified Paper Audit Trail (VVPATs) using mobile applications throughout the country.
However, the stocktaking of ballot units and control units kept in the custody of district election officers concerned in respect of constituencies where election petitions are pending in various courts in India could not be taken.
The petitioner in the election petition against Suresh Gopi does not relate to EVMs used in the election. His prayer was to declare the election as void. If the returned candidate has been affected by the improper reception, refusal, or rejection of any vote or the reception of any vote that is void, the EVMs may be required to be produced before the High Court. Therefore, the commission considers that the EVMs used in Thrissur parliament constituency may not be required to be preserved any longer.
The parties in the election petition have not so far requested the court for the production of EVMs.
The HC which is the competent court to deal with the election petition has not issued any direction to the district election officer to produce the EVMs used in the election. Hence, the court may issue a directive to the effect that the EVMs are not required for the adjudication of the election petition.
The court posted the hearing to December 4.