Kolkata, Sept. 8 -- EVMs and VVPATs linked to an election under challenge cannot be released for repair, reconditioning or use in subsequent polls while they may be required as evidence, the Calcutta High Court has held.

Justice Ananya Bandyopadhyay passed the order on an application by the District Election Officer, Hooghly, seeking release of VVPATs stored at Arambagh and defective EVMs, including pre-poll machines, kept at District Warehouse-II in Chinsurah. Permission was also sought to segregate and shift the machines to another designated warehouse.

The court said electoral material relating to an election petition may constitute evidence and its preservation serves a judicial purpose. This cannot be overridden merely because the equipment is subsequently required for administrative use.

However, the court clarified that pendency of an election petition does not mean every EVM or VVPAT in the district must be retained. Preservation must be limited to identified machines connected with the relevant election or proceeding.

Rejecting the plea for blanket release of the Arambagh (SC) constituency machines, the court said a defective EVM must also be preserved if it formed part of the election under challenge, as the defect itself could be relevant to the dispute. Such machines cannot be opened, repaired, altered, substituted, dismantled or deployed in a subsequent election without further orders.

The District Election Officer was directed to identify and segregate the machines and prepare an inventory recording each machine's details, constituency, polling station, election and present location. Any transfer between designated warehouses must preserve their identification, seals, custody and evidentiary integrity.

The exercise must be documented, with movement of every machine recorded.

Videography, sealing and other safeguards must be followed wherever applicable, along with participation of authorised political party or candidate representatives where required.

Machines found unrelated to the pending proceedings may be dealt with under Election Commission instructions. The election petition will next be heard on November 16.

Published by HT Digital Content Services with permission from Millennium Post.