In a significant legal move, the Election Commission of India (ECI) has petitioned the Bombay High Court for the release of nearly 2,000 Electronic Voting Machines (EVMs) detained since the 2019 Lok Sabha elections in the contentious Ratnagiri-Sindhudurg constituency of Maharashtra. These machines, comprising 1,944 Ballot Units and an equal number of Control Units, are critical for the upcoming Assembly elections but are currently embroiled in a legal tussle.
The petition, presented by advocate Abhijit Kulkarni, is an extension of the legal challenge by former Shiv Sena (UBT) MP Vinayak Raut against BJP leader Narayan Rane’s electoral victory, which Raut claims was achieved through fraudulent practices. Before Justice Sarang Kotwal, Kulkarni emphasized that the dispute does not concern the count of votes or the functionality of the EVMs, advocating for their release to ensure their availability for forthcoming electoral duties.
Post-election protocols require that the EVMs’ data be preserved for at least 45 days, allowing time for the filing of election petitions. This data is pivotal as it serves as essential evidence in election disputes. During this period, the machines are under the custodianship of the Election Returning Officer, who oversees their security and maintenance.
The legal filing seeks to nullify the election results from the Ratnagiri-Sindhudurg seat and urges the ECI to conduct a re-election. It also requests interim relief to restrain Narayan Rane from executing his duties as the Member of Parliament for the constituency. The election results, declared on June 4, saw Rane securing the seat with a margin of 47,858 votes over Raut.
The petition also highlights multiple alleged breaches of the Model Code of Conduct (MCC) and the Representation of People Act by Rane’s camp, including a controversial statement by Rane’s son, Nitesh Rane, a local MLA. According to the petition, Nitesh Rane made provocative remarks about budget allocations based on electoral behavior—a claim made before his father’s candidacy was officially announced. Despite these allegations, the petition claims that the ECI did not take decisive action, purportedly enabling further coercive tactics by Rane’s supporters.
