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UP Assembly polls: Allahabad High Court asks EC to remain vigilant to handle EVM tampering complaints

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The Allahabad High Court on Thursday asked the Election Commission of India to remain vigilant while hearing a plea that raised complaints of EVM tampering in the ongoing Uttar Pradesh Assembly Elections.

The Division Bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari asked the ECI to not allow doubts of any description to arise while hearing the petition filed by Suraj Singh.

The Court observed that the ECI is a repository of faith for full justice, maintaining a dignified standard of freedom of speech and expression while the election process is set in motion and till its conclusion. It is for this reason that interference in the election process is restricted by virtue of Article 329 (2) of the Constitution of India.

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The Court has no doubt that the democratic process being sacrosanct is well protected under the Constitution of India by placing a respectful restraint on the scope of judicial review under Article 226 or Article 32 of the Constitution of India.

In the instant case, the petitioner has complained of some tampering at one place in the EVM using some adhesive and damage caused to the CCTV cameras at some other place.

The Court said that this is brought to its notice on the basis of a news report which we do not deem proper to take notice of due to its inadmissibility.

“Nevertheless, the Election Commission of India has to remain vigilant to all such situations and not to allow doubts of any description to arise.”

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The Court further said that, in so far as the election of the constituency in question i.e. 296-Gonda is concerned, counsel for the Commission has pointed out that adequate measures have been adopted by the Election Commission to ensure free and fair election. The Court said it has no reason to doubt the measures which the Commission must have taken.

With the hope and trust expressed above, the Court decided to set the cause at rest and the writ petition is accordingly consigned to record.

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