Merely Stating EVM Was Defective Would Not Invalidate Election Without Proof Of Material Impact On Outcome: Bombay High Court
Case: Meerabai W/o Dnyaneshwar Chatare v. Returning Officer to the Election
Coram: Justice AS Chandurkar and Justice Vrushali V. Joshi
Case No.: Writ Petition No. 280/2023
Court Observation: It is one thing to attribute defeat in the election to a fault in the Electronic Voting Machine and it is another thing to contend that the result of the election was materially affected resulting in loss in the election…unless evidence is recorded and witnesses are examined who could vouch the fact that in view of the defect in the Electronic Voting Machine the result of the election was materially affected, it would not be possible to record any conclusive finding in this regard. Merely stating that there was a defect in the Electronic Voting Machine which also would be require to be proved would not be sufficient to conclude that the result of the election was vitiated on this count.
It is thus clear that on the plain statement that there was a difference of one vote in the total number of votes polled and those counted would not be sufficient to unseat the second respondent notwithstanding the fact that she was elected by margin of one vote. Unless the Court is in a position to record an unequivocal finding that but for the defect in the Electronic Voting Machine the petitioner would have been elected to the post of Sarpanch, we do not find that any relief can be granted to the petitioner.
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Merely Stating EVM Was Defective Would Not Invalidate Election
