Advocate files police complaint against ECI, PM Modi, alleges unjust election win for BJP

Advocate Mehmood Pracha on Saturday filed a complaint against Election Commission of India (ECI) officials, Prime Minister Narendra Modi, and BJP leaders such as Amit Shah, J.P. Nadda and others, claiming that they had helped BJP candidates win the 2024 Lok Sabha elections "unjustly and illegally".

Pracha wanted the complaint to be registered under section 129 of the People Representation Act, sections 65, 66, and 66F of the IT Act, and sections 171F, 409, 417, 466, 120B, 201, and 34 of the IPC.

In his complaint at Parliament Street police station in New Delhi, Pracha said in the garb of free and fair elections, ECI officials had followed the instructions of chief election commissioner Rajiv Kumar and other election commissioners to help the BJP and its allies.

“A conspiracy was hatched and executed by the office bearers of the BJP including Narendra Modi, Amit Shah, JP Nadda, officials of the EC, including CEC Rajiv Kumar, ECs Gyanesh Kumar and Sukhbir Singh Sandhu. They have tried to prevent genuine candidates from getting elected to the Lok Sabha and ensured that BJP candidates are elected in their place,” Pracha said.

Those people affiliated with the BJP such as Mansukhbhai Shamjibhai Khachariya, Shivnath Yadav, Shyama Singh, P.V. Parthasarathi and Krishna Bihari Rai have been appointed as directors in Bharat Electronics Limited (BEL) and Electronics Corporation of India (ECIL), which are involved in the manufacturing of EVM machines that were used in the 2024 elections, claimed Pracha.

He also complained that serial numbers on various components of the EVMs such as ballot units (BUs), control units (CUs) and VVPAT printers were not engraved on the cabinet or metal plate riveted to the cabinet and officials of the ECI, BEL and ECIL used uncertified accessories such as wires, batteries, and paper rolls.

Pracha, who had contested the general election as an Independent candidate from Rampur in Uttar Pradesh, said in his complaint that he had written several emails to the returning officer highlighting the mishandling and tampering of EVM-VVPAT machines. However, no corrective measures were taken.

“They have illegally used and disposed of the EVM-VVPAT machines. Even though I have observed the manipulation and tampering of EVM-VVPAT machines at Rampur, doctoring of records, sourcing of hardware and various other acts took place in Delhi, primarily at the head office of the Election Commission at Nirvachan Sadan,” wrote Pracha in his complaint.

Earlier in May, the Delhi HC asked the ECI to disclose the guidelines in place for the preservation of CCTV footage during the election process. The high court was hearing a petition by Pracha who in his plea said after polling on 19 April, he had requested the poll body to direct the preservation of all relevant videos recorded during the election process. However, he did not receive any response.

Justice Sachin Datta in his 10 May order had issued a notice to the poll body. “The ECI is directed to file an affidavit as regards the videography/CCTV coverage which is maintained with regard to the EVMs after the conduct of First Level Check (FLC) till the stage referred to in para 6.1.1(e) of the Manual on Electronic Voting Machine (Edition 8 August 2023). The affidavit shall also indicate the applicable norms/guidelines laid down/ being followed for the preservation of the video/CCTV footage at various stages of the electoral process.”