The Supreme Court Monday junked a plea seeking disclosure of the Unique Identity Number of EVMs to be used for the Lok Sabha elections for First Level Checking (FLC) of the machines, saying “the process (FLC) is very detailed, parties have faith in it” and “it’s been replicated across India”.
A three-judge bench presided by Chief Justice of India D Y Chandrachud was hearing the petition by Delhi Pradesh Congress Committee chief Anil Choudhary challenging the Delhi High Court order dismissing his plea.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, however, pointed out that the appellant had not participated in the FLC process despite being invited. “We don’t want to enter into it. This will completely delay the election schedule. We don’t want to do it,” said CJI Chandrachud.
The counsel appearing for Choudhary contended, “So far, as time constraint is concerned, the rule provides that the FLC process should be complete at least 90 days prior to the election…They say they have done it for Delhi, Jharkhand, and Kerala. For other states, it has not even commenced”.
Choudhary said the Election Commission of India (ECI) had conveyed to him “in July that they are starting and asked me to come and join”. “I tell them I am willing to join but please give me unique identity numbers of all machines (Electronic Voting Machines). They gave it after the FLC. I say give me the number ahead of the FLC,” he said.
The counsel submitted that “no parties joined (in the FLC). It is the Congress which came forward and said we are willing to join. There is no communication from any other party”.
The CJI said, “Possibly the fact that other parties, as you said, didn’t join is an indicator that there is faith in the outcome”.
The counsel said, “These machines are dispensed either from the Electronics Corporation of India or Bharat Electronics… When these machines are dispensed…they prepare the UIN (Unique Identity Number) of each machine. While dispatching, the UIN of each of these machines is sent along with the despatch”.
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“What happens on the way we do not know. Machines are received in the godowns here in Delhi. While receiving, ECI doesn’t tally the numbers that are sent and what is received. We asked for the dispatch list. Then they bring these machines to the FLC hall. What they expect us to do is to participate and then in the end they will supply the UIN,” added the counsel.
The SC bench, however, pointed out that the Delhi High Court “has gone at length”. “There is a detailed procedure laid down for FLC. The involvement of the political party is one step in that process. It is not that because one political party does not attend, the entire process comes under a cloud”.
“When it’s done for other states, you can participate…We are not casting any clouds on that process. The process is very detailed… Parties have faith in it. It’s been replicated across India, We will leave it at that,” said the CJI before dismissing the petition as withdrawn.
