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Electronic voting machines invalidated SCBA election, claims Delhi HC suit

Delhi HC v SCBA v etc...
Delhi HC v SCBA v etc...

The contentious Supreme Court Bar Association (SCBA) election has now been challenged in the Delhi High Court, claiming that the use of electronic voting machines (EVM) was unconstitutional and the election results invalid.

This follows incumbent candidate Ram Jethmalani having strongly questioned his defeat at the hands of PH Parekh earlier in mid-May.

Supreme Court advocate Anis Suhrawardy and three others filed in the Delhi High Court arguing that according to the SCBA memorandum of association and rules the use of EVMs was not permitted, according to the Hindu, and that an amendment of the rules was required

The Hindu reported that the plaintiffs submitted: “Moreover, in the present case, the EVM was reported to be faulty and defective. None of safeguards required to be taken for testing the machine had been taken. The machine did not correctly record the votes cast and was also open to tampering.”

The petitioners prayed for a declaration that the results of the vote were illegal and that the elected office-bearers would be restrained from taking up office until the case was settled.

The matter is listed for hearing on 6 June.

As reported on 13 May by Legally India, Jethmalani, who lost the elections to Parekh, said in a written complaint to the election committee that the vote was carried out improperly and marred by “corruption”; Parekh roundly rejected the allegation at the time.

It was not clear at the time of going to press whether Jethmalani’s complaint and the Delhi High Court challenge were related.

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