ECI moves Kerala High Court for release of EVMs in Thrissur amid election case against Suresh Gopi

The Election Commission of India (ECI) has moved the Kerala High Court urging it to order the release of Electronic Voting Machines (EVMs) used in the Thrissur constituency during the 2024 General Elections, amid a pending challenge to Union Minister Suresh Gopi's election win from Thrissur [Binoy AS v Suresh Gopi]..In its affidavit, the ECI has submitted that these EVMs are needed to ensure that there are sufficient EVMs for upcoming elections in the country. The poll body added that the EVMs used in Thrissur are not required to decide the election dispute concerning Suresh Gopi. The affidavit was filed since the election petition pending against Gopi before the High Court prevented the release of the Thrissur EVMs from the District Election Officer's custody to the ECI.The election petition in focus was filed by Binoy AS, an All India Youth Federation leader and a voter from Thrissur, who has accused Gopi, his election agent, and associates of allegedly having engaged in corrupt practices.Justice Kauser Edappagath on Monday (November 26) impleaded the ECI as an additional respondent in the matter. The Court is slated to hear the case next on December 4..In its affidavit, the ECI pointed out that the grounds raised in Binoy's election petition against Suresh Gopi did not involve EVMs, and that no specific request has been made for their production in Court.Under Section 100(1)(d)(iii) of the Representation of the People Act, 1951, EVMs are only required to be produced in court if the election result is found to be materially affected by improper vote reception or rejection, it further noted. Since such grounds were not raised in this case, the ECI submitted that the machines were not required to decide on the case before the High Court.Consequently, the ECI has sought the Court’s approval for the release of the EVMs currently held by the District Election Officer in Thrissur."It is only just and proper that this Hon'ble Court may be pleased to issue appropriate direction to the effect that the EVMs used at the Election to Parliamentary Constituency No.10 (Thrissur Parliamentary Constituency) for the General Election to Lok Sabha, 2024 and kept in the custody of the District Election Officer, Thrissur are not required for the adjudication of the above Election Petition so that the said EVMs can be used for upcoming elections by the Election Commission of India," the affidavit stated..Advocate Deepu Lal Mohan appeared for the Election Commission of India.Binoy was represented by advocates PR Reena, Santhosh Peter, KB Sumesh and Rakesh K..[Read Orders]