Authority: Supreme Court of India
Order Date: 01-09-2026
Case Overview
- Petitioner: Yogesh Gupta filed Writ Petition(s)(Civil) No. 422/2014, 585/2014 and 927/2017 against the Election Commission of India and others.
- The matters were listed before a bench comprising the Chief Justice, Justice Joymalya Bagchi and Justice V. Mohana on 01‑09‑2026.
- W.P.(C) No. 927/2017: The Court directed the Union of India to file a specific affidavit explaining why a provision similar to Rule 59A of the Conduct of Elections Rules, 1961, should not be incorporated for counting votes from Electronic Voting Machines (EVMs). The Court referred to the Law Commission of India’s 255th Report, which proposes sub‑section (2A) in Rule 66A, stating:
> "(2A) In the appropriate case, where the Election Commission apprehends intimidation and victimisation of electors in any constituency, and it is of the opinion that the votes recorded in the voting machines should be mixed before counting, it may by notification in the Official Gazette, specify such constituency where the returning officer shall use a totaliser for the counting of votes recorded in a group of electronic voting machines."
- The Court ordered that the Union file the affidavit within six weeks and that the matter be posted for further hearing on 01‑12‑2026.
- W.P.(C) No. 422/2014: The Court noted that the Advocate‑on‑Record for the petitioner had passed away. It directed the Registry to inform the petitioner to engage a new Advocate‑on‑Record and to post the matter on 01‑12‑2026.
- W.P.(C) No. 585/2014: The Court simply ordered that the matter be posted on 01‑12‑2026.
Final Outcome
- Union of India must submit an affidavit within six weeks regarding the incorporation of a Rule 59A‑type provision for EVM vote counting.
- The petitioner must appoint a new Advocate‑on‑Record following the death of the previous counsel.
- All three petitions are scheduled to be listed again on 1 December 2026.
Topics: Election Process, Judicial Directions