• Compalint against election commission of gujarat state

I have participated in district panchayat elction in gujarat state and for my seat i am in wiining side till now as i am 485 votes ahead. But at last booth where 597 votes were done the EVM machine was not working. Its display was damaged . If the result from that machine raken than i am definately win. But after calling four engineer the machins display is not working. So if authority ask for revoting than it may be not in my side cause opotition party can buy votes from that village and can do many things that are uncertain. So i dont want repolling. What if authority ask for repolling? What can i do to oppose that? Because i am definately in win side cause i juast beed 125 votes to win from597 and thats definately from that village for now. But repolling can result diffrent as oppostion party can do many hacks to buy votes. It will cause lose of money , time, my effort and most reputation as this is my first election and i am on win side. What can i do to stop repolling? Or which option do i have? How can i claim for the big damaged that i have face due to elction commition fault. This time they dont provide VVPAT also otherwise manualcounting can be done easily for the result. Suggest as many option as can for my side.
Asked 5 years ago in Civil Law

9 answers received in 1 day.

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12 Answers

Since EVM was damaged results of election to polling booth would be nullified and fresh elections would be called for said polling booth by the state election commission 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

There not as many as option. there is only on option file a writ in High Court against repolling and then in Supreme Court .

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

- Since, the election has already completed as votes were done EVM machine , and only due to creating problem in one booth , the election cannot be cancelled. 

- Hence, the authority cannot dictate for afresh election on this ground .

- If , it done , then you can lodge a compliant against the revoting . , and on refusal challenge the same in Court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you feel that the repolling would cause you an irreparable loss and injury you may file a injunction suit restraining the election commission from passing an order for repolling or file a writ petition before high court giving the reasons for the fears you apprehend now and seek high court's intervention to declare the results of faulty EVM is not to be taken into account for declaring the results of the election.

However the election commission will take steps as per the constitutional laws and as per provisions of representation of people act which cannot be prevented by you nor the court in this regard. 

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

by any chance, the EVM before you goes out of order or is unable to register your vote, then the EVM will be replaced by another one. The votes recorded until the stage when the EVM went out of order remain safe in the memory of the Control Unit. You can now continue with voting. On counting day, votes recorded in both Control Units are counted to give the aggregate result of that polling station

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

The votes recorded in EVM remain in memory of control unit even if EVM stopped working after voting was done 

 

votes recorded in control unit can be counted 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Dear Sir/ Madam

As per the guidelines issued to chief electoral officers, you are free to lodge a complaint if a malfunctioning is reported for Electronic Voting Machines. You will have to fill up a declaration to formally lodge a complaint and should be ready to cast a test vote to show that the allegation made by him is “true and bona fide“. But if the complaint is found to be false, action under Section 177 of the Indian Penal Code relating to ‘furnishing false information’ could be initiated against you. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If an EVM of a particular polling station goes out of order, the same is replaced with a new one. The votes recorded until the stage when the EVM went out of order remains safe in the memory of the Control Unit and it is perfectly fine to proceed with the polling after replacing the EVM with new EVM and there is no need to start the poll from the beginning. On counting day, votes recorded in both Control Units are counted to give the aggregate result of that polling station.

Wherever an election petition is filed, the result of the election is subject to the final outcome. The courts, in appropriate cases, may order a recount of votes. 

The lifespan of an EVM is 15 years & even more and votes recorded in the Control Unit can be stored upto its lifetime until it is cleared. If the Court orders a recount, the Control Unit can be reactivated by fixing the battery and it will display the result stored in its memory.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

After completion of poll i.e. when the last voter has voted, the Officer in-charge of the Control Unit/Presiding Officer presses the 'Close' Button. Thereafter, the EVM does not accept any vote. After the close of poll, the Control Unit is switched off and thereafter the Balloting Unit is disconnected from the Control Unit and kept separately in the respective carrying cases and sealed. Further, the Presiding officer has to hand over to each polling agent a copy of the account of votes recorded. At the time of counting of votes, the total votes recorded in a particular control unit is tallied with this account and if there is any discrepancy, this can be pointed out by the Counting Agents.

 Voter Verifiable Paper Audit Trail (VVPAT) is an independent system attached with the Electronic Voting Machines that allows the voters to verify that their votes are cast as intended. When a vote is cast, a slip is printed containing the serial number, name and symbol of the candidate and remains exposed through a transparent window for 7 seconds. Thereafter, this printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.

The  authorized engineers of the manufacturers, namely Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL), conduct the First Level Checking (FLC) of EVMs and VVPATs under control of District Election Officer and direct supervision of Dy. DEO in the presence of representative of Political Parties under videography.

Therefore care has been taken at all levels to make sure that the EVM is fit for the functional purpose before the polling starts.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Control unit in damaged EVM would reflect all votes polled by you 

 

2) if out of 200 votes given to you only 100 votes are shown affidavit from voters would not serve the purpose 

 

3) if EVM has been ha led  better go in for repolling in the booth 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

It will not be possible to prove that they voted in favor of you. 

The court will not entertain such cases.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

- You have right to challenge the order of re-election before the Election commission in Gujrat & also Delhi . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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