Delhi High Court
Hans Raj Jain vs Election Commission Of India on 13 January, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 13th January, 2020
+ W.P.(C) 12163/2019 and CM Nos.49753-49754/2019
HANS RAJ JAIN ..... Petitioner
Through: Petitioner in person
versus
ELECTION COMMISSION OF INDIA ..... Respondent
Through: Mr. Sidhant Kumar, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 13.01.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM No. 49753/2019 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 12163/2019
1. This so called Public Interest Litigation has been preferred with the
following prayers :
"i) pass appropriate writ, order of directions directing the
respondent ECI for inspection of record of the printed paper
slips in the drop box of the printer of WPAT electronic device,
one by one in respect of all Parliamentary Constituencies
because there is a great discrepancy, mismatching in EVM Vote
poled. and counting vote in large scale approx. 373 Lbk Sabha
Constituencies iii 2019 elections.
ii) pass appropriate writ, order of directions directing the
respondent ECI to use appropriate prototype of VVPAT system
in future, in which the printer is kept open. The printed ballot
will get cut and fall in a tray in front of the printer. The voter
will pick it up from the tray, verify it^ fold it and bring it out of
voting compartment and drop the same in a sealed box kept for
this purpose in front of the presiding officer before leaving the
polling station.
iii) pass appropriate writ, order or direction directing the
respondent to manually count the printed paper slips in the
dropbox of the printer in respect of any polling station or
polling stations in all future Legislative Assembly elections
and/or Parliamentary elections were paper trail has been
introduced.
iv) pass any other of order (s) relief (s V which this Hon'ble
Court deems fit and proper be passed in favour of large scale of
people."
2. Having heard the petitioner in person and learned counsel for the
respondent and looking to the facts and circumstances of the case, it appears
that the representations preferred by this petitioner which are annexed as
Annexures P-18, P-19 and P-20 in the memo of the writ petition, are yet to
be decided by the respondent as submitted by petitioner in person.
3. In view of this submission, we hereby direct the respondent to
consider the grievances ventilated by the petitioner especially in the
representations as stated hereinabove and decide those representations in
accordance with law, rules, regulations and Government policies applicable
to the facts of the present case after keeping in mind the various decisions
rendered by Hon'ble the Supreme Court of India in this regard.
4. With these observations, this writ petition is hereby disposed of.
CM No.49754/2019
1. In view of the disposal of the writ petition, this application stands
disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
JANUARY 13, 2020/kr
