Case Note & Summary
The petitioner, Smt. Bita Ramteke, filed an election petition under the Representation of the People Act, 1951, challenging the election of the respondent, Nanaji Sitaram Shamkule, from the Chandrapur-71 Assembly Constituency. The petitioner had contested the election and lost. The sole ground for challenge was the alleged unreliability and susceptibility to tampering of Electronic Voting Machines (EVMs) used in the election. The petitioner argued that EVMs are not foolproof and can be manipulated, and therefore the election result should be set aside. The respondent contended that the petition lacked specific allegations of any tampering or manipulation in the particular election and that the EVMs used were duly tested and certified. The court, after hearing preliminary arguments on issues of maintainability, held that the petition did not disclose any cause of action. The court observed that the petitioner had not made any specific allegation that the EVMs in the Chandrapur constituency were tampered with or that the result was manipulated. General allegations about the unreliability of EVMs, without more, are insufficient to challenge an election. The court dismissed the petition with costs, upholding the presumption of regularity in the use of EVMs.
Headnote
A) Election Law - Electronic Voting Machines - Reliability - Challenge to election on ground of EVM unreliability - Petitioner alleged EVMs are susceptible to tampering but did not allege any specific manipulation in the election in question - Held that general allegations of unreliability without specific pleading of tampering in the particular election are insufficient to set aside the election - Petition dismissed (Paras 1-5).
Issue of Consideration
Whether an election can be set aside on the ground of general unreliability and susceptibility to tampering of Electronic Voting Machines (EVMs) without specific allegations of manipulation in the particular election.
Final Decision
The court dismissed the election petition with costs, holding that the petition did not disclose any cause of action as there were no specific allegations of tampering or manipulation of EVMs in the Chandrapur constituency.
Law Points
- Election law
- Electronic Voting Machines
- Presumption of regularity
- Burden of proof
- Specific pleading requirement
