Poll panel files plea in Bombay High Court seeking release of seized EVMs

The plea sought to have the election results from the Ratnagiri-Sindhudurg constituency declared void and requested the ECI to conduct fresh elections for the Lok Sabha seat.

In Short

• Poll panel seeks release of EVMs from legal custody for upcoming elections
• Plea challenges BJP leader Narayan Rane's election win, alleging fraud
• Requests Ratnagiri-Sindhudurg results be void

The Election Commission of India (ECI) has approached the Bombay High Court seeking the 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, as they remain tied up in a legal dispute surrounding the 2019 Lok Sabha election in the Ratnagiri-Sindhudurg constituency of Maharashtra.

This application, filed through advocate Abhijit Kulkarni, is part of a plea by former Shiv Sena (UBT) MP Vinayak Raut, who has challenged the election of BJP leader Narayan Rane from the Ratnagiri-Sindhudurg constituency, alleging that Rane won through "fraudulent means".

Kulkarni argued before the High Court bench of Justice Sarang Kotwal that the Electronic Voting Machines (EVMs) should be released, as the current case does not involve disputes over vote counting or the functionality of the machines themselves.

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.

The plea sought to have the election results from the Ratnagiri-Sindhudurg constituency declared void and requested the ECI to conduct fresh elections for the Lok Sabha seat. As an interim measure, the plea also asks for a directive to restrain Rane from serving as the MP for Ratnagiri-Sindhudurg.

The election for this parliamentary constituency was held on May 7, with counting completed on June 4. Rane won with 4,48,514 votes, while Raut received 4,00,656 votes, losing by a margin of 47,858 votes.

The plea cites multiple incidents of alleged violations of the Model Code of Conduct (MCC) and the Representation of People Act, claiming that the Chief Electoral Officer of Maharashtra failed to take appropriate action.

It also mentions a speech by Rane's son, Nitesh Rane, an MLA from the area, in which he threatened to allocate budgets based on voting patterns, despite his father’s candidacy not being officially announced at that time.

Despite Raut's complaints to the Election Commission, no action was taken, which, he claims, emboldened Rane’s supporters to further exert pressure on voters.