'We are putting you on guard...': SC rejects plea seeking repoll in 20 Haryana assembly seats, stay oath-taking

The Supreme Court on Thursday rejected a plea that sought re-election in 20 assembly seats in Haryana. The top court also refused to stay searing in ceremony of Nayab Singh Saini, who is taking oath today. A plea was filed in the apex court on Wednesday, seeking direction to the Election Commission to conduct re-election in 20 assembly seats alleging suspect results and discrepancy in electronic voting machines. 

According to Bar and Bench, CJI DY Chandrachud said: "You want us to stall the oath-taking of an elected government? We are putting you on guard...we will impose costs. Circulate the papers. We will see."

The advocate said that he was appearing for the Congress: "I appear for the Congress party, I am circulating the papers."

The petition was filed by Priya Mishra and Vikas Bansal, through advocate Narendra Mishra, alleging discrepancies in the functioning of Electronic Voting Machines (EVMs) used during the 2024 Haryana Legislative Assembly elections.  

The plea pointed to discrepancies in EVM battery levels during the counting process, sparking concerns over the election's integrity. The petition highlighted that EVMs operated with varying battery capacities on October 8, the day of the vote count.

“Some EVM machines were functioning at 99 per cent battery capacity, while others operated at 60-70 per cent,” the plea reads. It further alleges that even at the same polling station, EVMs showed differing battery levels, creating suspicion.  

The petition also referred to complaints made by the Congress party to the Election Commission of India (ECI). “In some cases, this discrepancy was discovered in EVMs used in the same polling station. Immediately upon discovery, the Indian National Congress candidates raised this issue before the concerned Returning Officers, but no response was received in most cases,” the plea states.  

The petition questioned how EVMs with inconsistent battery levels could function properly without external power sources, stating, “These charged EVM machines are suspected to support additional power. It is physically not possible without an external energy source, but such discrepancies were observed in the Haryana election."  

Concerns over fluctuating voter turnout percentages were also raised. The petition points out that the ECI initially reported a 61.19% turnout at 7:25 PM on October 5, which increased to 65.65% at 11:45 PM. However, on October 7, just before the counting began, the turnout jumped unexpectedly to 67.90%.  

The petition urged the apex court to direct the EC to conduct re-elections in 20 constituencies where these discrepancies were identified. The plea characterizes the irregularities as potential "corrupt electoral practices" and seeks judicial intervention to ensure fair elections.  

(With inputs from agencies)