Arvind Kejriwal-led AAP government in Delhi during Assembly proceedings on May 9 alleging tampering of Electronic Voting Machines (EVMs) has been sought to be dubbed as unconstitutional and illegal. According to a report by Indian Express, during the hearing of the plea (on October 11) filed in Delhi Court, Delhi government’s standing counsel Ramesh Singh questioned its maintainability. Later after hearing both the sides, a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar asked for written submissions and the case in law they would refer.
The petition filed by advocate Abhishek Aanad Rai mentioned that during the Assembly session, Aam Aadmi Party (AAP) leader Saurabh Bharadwaj, with the Chairman’s approval, gave a live demonstration stating that it is possible to tamper with the EVMs during elections. In the plea, Rai stated that he was aggrieved by the proceedings and passing of the amended resolution on the same.
According to IE report, the plea further mentioned that proceedings were violative of the provisions of Constitution of India and the principle of separation of powers. “The rules and standing orders which regulated the procedure of the legislature mandate that a member cannot express any opinion on any matter under consideration of a court of justice. But the resolution moved by Bharadwaj was of an issue that was pending adjudication by the Supreme Court,” Indian Express quoted the plea.
The special demonstration session was unconstitutional claimed the plea reasoning that the legislature did not have power to discuss any issue pertaining to the Election Commission. “Because if such unconstitutionality and illegality is not decided then a confusing precedent will be set… disturbing the fine balance of power much crucial for survival and existence of a vibrant democracy,” the plea added.
As of now the matter still remains in Delhi High Court also the next hearing has been scheduled on February 8.