ECI can release EVMs used in Kalkaji constituency in 2025 polls: Delhi HC

The Delhi high court on Friday allowed the Election Commission of India (ECI) to release the electronic voting machines (EVMs) used in the Kalkaji constituency during the 2025 Delhi assembly elections, but directed that the Voter Verified Paper Audit Trail (VVPAT) slips be preserved until further orders.

“This application is partially allowed to the extent that respondent number 3 (ECI) may not preserve the EVM’s but VVPAT slips may be preserved until further orders,” said a bench of justice Jyoti Singh.

The matter arose from a petition filed by two voters — Kamaljit Singh Duggal and Ayush Rana — challenging the election of Atishi Marlena as member of legislative assembly (MLA) from Kalkaji. ECI had sought modification of the court’s March 26 order, which had directed the preservation of all election-related records.

In the March 26 order, the high court had directed that ECI and Delhi Police preserve all the records pertaining to the election. While issuing notice on the petition, the court had allowed ECI and Delhi Police to seek variation of the order if required.

In its plea, ECI said the EVMs were needed for the upcoming Bihar assembly elections.

AAP leader Atishi had defeated BJP’s Ramesh Bidhuri by over 3,500 votes in the February assembly elections, which were held amid setbacks for her party, with several senior leaders, including Arvind Kejriwal and Manish Sisodia, losing their seats.

The petitioners alleged before the high court that Atishi violated the Representation of the People Act and the Model Code of Conduct by misusing her position as Delhi chief minister, deploying official vehicles for electioneering, and exploiting public resources to further her campaign. They claimed she received assistance from government officials and sought that her election be declared null and void.

Seeking to declare her elections as null and void, Duggal’s petition went on to add that Atishi’s associates, who worked in the Delhi CM’s office, acted in her direction to bribe voters to buy votes in her favour on the day of polls i.e. February 4.

The petition also alleged that Atishi’s associates in the Chief Minister’s Office acted under her direction to bribe voters on polling day, February 4. It claimed her supporters spread fake videos alleging hooliganism by men under Bidhuri’s direction, and arranged free transportation for voters to and from polling booths. It also accused her of failing to disclose certain criminal cases in her nomination affidavit.

The court has listed the matter for further hearing on July 30.