Bombay HC Orders Release Of Sealed EVMs In Election Petition Against Narayan Rane For Upcoming Assembly Polls

The Bombay High Court on Friday allowed the release of the Electronic Voting Machine (EVM) on an application by the Election Commission of India (ECI) for use in upcoming Assembly elections. 

The EVMs were sealed following a plea by Shiv Sena (UBT) MP Vinayak Raut, who had challenged the election of BJP leader Narayan Rane from the Ratnagiri-Sindhudurg constituency, alleging that Rane won through "fraudulent means". 

The Election Commission of India (ECI) had filed an application seeking release of 1,944 Ballot Units and 1,944 Control Units currently held by the District Election Officer. The poll panel has requested that these voting machines be freed for use in upcoming Assembly elections. 

ECI’s advocate submitted that the matter of the present election petition does not involve the use of EVM machines or counting of votes and therefore it is not necessary to keep the EVM machines in sealed and inoperative conditions. They can be used in upcoming elections. The poll panel also relied on an earlier HC order by which it had directed release of EVM machines in similar other petition as there was no dispute regarding the use of EVM machines. 

The rules stipulate that the data in the EVMs cannot be erased or reused until about 45 days post-election. During this time, any candidate with objections can file an election petition, making the EVM data crucial evidence. The EVMs remain in the custody of the Election Returning Officer, who is responsible for their maintenance.

On Friday, Justice Sarang Kotwal directed release of the EVMs after the advocates for Raut and Rane said that the machines were not required for the hearing in the election petition. “As counsels for all the parties agree that it does not involve use of EVM machines and there is no objection to the return of EVM machines,” Justice Kotwal said while keeping the main election petition for hearing on 11. 

In August, the HC had issued summons to Narayan Rane a petition by Vinayak Raut seeking cancellation of the former's election. The plea contended that the MP and his campaign workers had resorted to “corrupt and illegal practices” to secure a win.

Elections for the Ratnagiri- Sindhudurg constituency were held on May 7 and the results were declared on June 4. Rane was declared as the winning candidate with 4,48,514 votes. Raut secured 4,00,656, losing the election by a margin of 47,858 votes.

Raut’s plea sought direction to the ECI to conduct fresh / re-election for the said constituency. The plea has sought that till the final order, Rane be restrained from acting as an MP.