Chandigarh, Feb 24, 2025 (Yes Punjab News)
The General Election to total 33 Municipalities (8 Municipal Corporations- MCs, 4 Municipal Councils and 21 Municipal Committees) along with bypolls to two posts of Mayors and certain posts of municipal presidents and vacant members (a.k.a. councillors) in certain municipalities across the State of Haryana is scheduled to conducted by the State Election Commission (S.E.C.), Haryana for which polling would be on March 2 ( March 9 for Panipat MC) and the counting on March 12.
Interestingly, since past over a decade although Electronic Voting Machines (EVMs) are used for Polling/Voting for Municipal Election in Haryana conducted by S.E.C. but without usage of Voter Verifiable Paper Audit Trail (V.V.P.A.T.) which is however mandatory as per a Oct, 2013 Judgment of the Supreme Court of India.
Meanwhile, Hemant Kumar, an Advocate at Punjab and Haryana High Court sent a Memorandum cum Representation to Dhanpat Singh, State Election Commissioner as well as senior officers of Urban Local Bodies Department of State Government to take an immediate call so as to ensure that Voting in upcoming Civic Elections, which is scheduled to be conducted via Electronic Voting Machines (EVMs) must be accompanied with usage of V.V.P.A.T. mechanism. However, even after passage of over a week, S.E.C. Haryana is yet to respond in this regard.
Noteworthy that since 2019 17th Lok Sabha General Election, the Election Commission of India (ECI) has been conducting each and every General/Bye Election to House of the People as well as to all Legislative Assemblies in the country with usage of EVM-VVPAT technology.
Pertinent that in June, 2022 ahead of General Election to 46 municipalites in Haryana, when Hemant also raised EVM-VVPAT issue with SEC, Haryana, the latter replied that as per policy of ECI, it doesn’t provides latest M-3 version EVMs (that are compatible with VVPATs) to the State Election Commission for use in Local Bodies elections.
Rather ECI only allots M-2 EVMs, an old version of EVMs with which VVPATs can’t be attached.
Further, it was also then informed by SEC, Haryana that matter with regard to the design of M-3 EVMs and VVPAT to be procured by it was then under consideration of Technical Evaluation Committee (TEC) and as such till the design of M-3 EVMs and VVPATs get approved and required number of such machines are procured, the SEC, Haryana would not be able to use the EVMs with VVPAT in Municipal Elections in Haryana.
Hemant asserted that that the Supreme Court of India in its judgement titled Dr. Subramanian Swamy vs Election Commission Of India (Oct, 2013) recognized that the incorporation and implementation of a system of paper trail in EVMs is an indispensable requirement of a free and fair elections.
Be that as it may, Hemant also revelaed that although the Haryana Government has till date not incorporated the reference to VVPAT mechanism in Haryana Municipal Election Rules, 1978 as well as Haryana Municipal Corporation Election Rules, 1994 even after more than 11 years of SC Judgment in Dr. Subramanian Swamy’s case (2013) due to reasons best known to it, yet the SEC, Haryana which is a Constitutional body under Article(s) 243 K and 243 ZA of Constitution of India vested with powers regarding the superintendence,
direction and control of Elections to all the Panchayats and Municipalities in the State, can very much on its own take a decision by issuance of an Order or otherwise for usage of VVPAT along with EVMs during Municipal Elections in Haryana which is even otherwise mandatory in terms of Supreme Court Judgment as cited above.
The SEC, Haryana, which has also got a Constitutional status similarly on the lines of ECI, can also on its own, purchase/procure latest M3 version EVMs which are compatible with VVPAT from the same Public Sector Undertakings/Enterprises from where ECI is procuring the same.
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