In the wake of the 2024 Lok Sabha elections, a substantive criminal complaint has emerged, filed by Advocate Mehmood Pracha, which alleges extensive manipulation and misconduct in the election process.
This piece delves into the comprehensive details of the complaint, highlighting accusations against high-ranking officials of the Election Commission of India (ECI), engineers from Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL), and prominent leaders of the Bharatiya Janata Party (BJP), including Prime Minister Narendra Modi, Amit Shah, and J.P. Nadda.
The complaint outlines a systematic and far-reaching conspiracy purportedly designed to influence the election results in favour of the BJP, compromising the integrity and transparency of the electoral process. Through meticulous documentation of incidents, evidence of tampering, and procedural violations, this piece aims to present a coherent and detailed account of the allegations, demanding an immediate and thorough investigation to uphold the democratic principles of free and fair elections in India.
Advocate Mehmood Pracha has filed a comprehensive criminal complaint alleging manipulation of the 2024 Lok Sabha elections. The complaint is against The Chief Election Commissioner (CEC), Rajiv Kumar, Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu, Officials and engineers of Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL), Mr. Narendra Modi, Mr. Amit Shah and Mr. J.P. Nadda of the Bharatiya Janata Party and other known and unknown persons involved in aiding the BJP to secure an unjust victory.
Core contentions of the complaint
Use of EVM’s instead of ballot papers
The complaint states that elections are legally required to be conducted via ballot papers unless specific conditions allow for Electronic Voting Machines (EVMs). The 2024 elections, however, were conducted using EVMs in a manner that allegedly compromised both transparency and security, systematically favouring the Bharatiya Janata Party (BJP) and its allies.
According to the complaint, at the beginning of the election process for the 7-Rampur Lok Sabha Constituency in U.P., a meeting was held between the Returning Officer (RO), other election officials, and all candidates. This meeting was audio-video recorded by the RO. During the meeting, Advocate Pracha informed the RO that elections are required to be held through ballot papers, with EVMs permissible only under a special notification as per Section 61A of the RPA. The RO stated readiness to conduct elections via ballot papers if the ECI issued the necessary instructions but failed to provide any such notification, proceeding instead with EVMs.
Adv. Pracha filed Writ Petition (Civil) 5037 of 2024 in the Delhi High Court. On April 6, 2024, the ECI sent a copy of a notification dated March 20, 2024 under Section 61A. This notification however, appeared to be manipulated states the complaint as it was not available online until April 6, .2024, despite the election schedule being announced on March 16, 2024.
Adv. Pracha therefore requests for a thorough investigation to be conducted in order to examine the official files and records at the ECI head office, focusing on the preparation of the notification and the alleged conspiracy to issue an illegal and omnibus notification.
Manipulations of the EVM’s
The complaint implicates senior ECI officials, including CEC Rajiv Kumar and Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu, accusing them of orchestrating a wide-ranging conspiracy to manipulate EVMs. This manipulation extended to other senior ECI officials both at the headquarters and those deputed in various constituencies.
Individuals affiliated with the BJP, such as Mansukhbhai Shamjibhai Khachariya, Dr. Shivnath Yadav, Ms. Shyama Singh, Mr. PV Parthasarathi, and Mr. Krishna Bihari Rai, were appointed as Directors in BEL and ECIL. These appointments according to the complaint were a part of a broader scheme to keep the EVM manufacturing process secretive and manipulatable.
The complaint states that key components of the EVMs, particularly the microcontrollers, were imported from undisclosed foreign manufacturers. The software or source code for these microcontrollers was ported in a secretive manner to facilitate manipulation. Serial numbers on various EVM components were not permanently affixed, which made it easier to swap machines during the election process without detection. The accessories used with the EVMs, such as wires, batteries, and paper rolls, were uncertified and unverified, further compromising the integrity of the election process.
A significant number of EVMs used in the 2019 election process are reported to be missing records the complaint. The Election Commission of India (ECI) acknowledges this issue as sub-judice, as stated in their FAQs.
Transportation, storage and commissioning irregularities
On April 8.2024, Adv. Pracha observed EVMs being transported in open, non-containerized trucks without security personnel. The EVMs lacked permanently engraved serial numbers and had detachable stickers, facilitating potential tampering.
The warehouse storing the EVMs was maintained illegally and unsafely. There was no clear distinction between EVMs meant for training and those for actual elections, violating guidelines and facilitating manipulation. Adv. Pracha has audio-video recordings of the warehouse and transportation and has requested further videography from ECI officials.
During the commissioning process on April 9, 2024 in Rampur, authorized engineers from BEL and ECIL were absent. Adv. Pracha signed a pink slip and made a note in the register as evidence. Later, he encountered individuals claiming to be BEL engineers at the Collectorate, but they were not engaged in any procedures.
At the Mandi, the designated venue for commissioning, Adv. Pracha observed various devices and accessories, such as a large computer mouse-like device (SLU), wires, batteries, and paper rolls, lying in bulk without seals or certification. BEL team leader Mr. Navyajyoti explained the SLU usage and stated that data was stored by the ECI’s local unit at Moradabad, not by his team.
Local officials attempted to prevent Pracha from witnessing the process and communicating with the engineer. Pracha and his associates were threatened with false criminal charges by ECI officials, aiming to intimidate and prevent them from reporting the tampering. The Central Observer’s intervention was necessary to normalize the situation.
ECI officials “conspired to misappropriate election funds by mishandling the videography procedure and safekeeping of EVM-VVPAT machines”, states the complaint, “recording fewer and shorter videos than required. Substandard and insecure infrastructure was used for the transportation, storage, and safekeeping of the machines.”
Several emails were written to the Returning Officer and other ECI officials, including the CEC, highlighting the illegalities witnessed regarding the mishandling and tampering of EVM-VVPAT machines. No corrective measures were attempted despite these communications.
Election day and post-polling manipulation
As stated in the complaint, on April 18, 2024, during the commissioning and distribution of machines, ECI officials mishandled the machines. They used mobile phones and electronics at the venue, with no security checks at entry/exit points. Unauthorized personnel could freely enter and exit, potentially tampering with the machines.
As per the complaint, even after polling on April 19, 2024, mishandling and tampering continued. Machines were brought back to the Mandi for sealing and storage at the warehouse, where officials were seen working on the machines and election papers at night, violating legal provisions. Videography from this period could establish the manipulation of machines and other materials by polling parties.
Despite multiple complaints and letters detailing these issues, the ECI took no corrective action. Notable communications include those dated March 28., 2024, April, 6, 7, 8, 10, 11, 16, 17 and 19, 2024.
Conspiracy and forgery to influence elections
The criminal complaint accuses officials at the Election Commission of India (ECI) of orchestrating a conspiracy to influence election outcomes through falsification and destruction of critical documents. Specifically, ECI guidelines require that copies of Form 17C, detailing votes polled, remain unsealed with Returning Officers. However, according to the complaint, these records were allegedly destroyed to manipulate the vote count. The complaint further alleges that senior officials at the ECI’s head office in Delhi engaged in forgery, manipulation, and tampering of records to present misleading information in affidavits submitted to the Supreme Court of India. This main conspiracy, alleges the complaint, centered at the ECI’s headquarters at Nirvachan Sadan in Delhi, involved clandestine meetings and other activities aimed at subverting the electoral process.
Manifestation of the manipulation
Numerous malfunctions and anomalies in EVMs suggest nationwide manipulation to benefit the BJP alleges the complaint. It is stated that reports indicate a mismatch between the total number of votes polled and the total number of votes finally counted in 538 Parliamentary Constituencies. In Rampur, the total votes counted were 456 less than the total votes polled, suggesting a conspiracy to alter election results.
Request for investigation
Adv. Pracha through his complaint has called for:
- Immediate registration of a report under Section 129 of the Representation of the People’s Act, 1951, Section 65/66/66F of the Information Technology Act, 2000 and Section 171F/409/417/466/120B/201/34 Indian Penal Code.
- Investigation into the roles of all involved, including ECI officials, BEL and ECIL engineers, and BJP members.
- Seizure and forensic analysis of manipulated EVMs and related materials.
- Preservation and review of all videography and CCTV footage related to the election process.
- Examination of official files and records at the ECI head office to uncover details of the alleged conspiracy.
Conclusion
Transparent elections are the lifeblood of any democracy, ensuring that the voice of every citizen is heard and respected. Free and fair electoral processes uphold the fundamental rights of voters, guaranteeing that their choices shape the future of their nation without interference or manipulation.
Advocate Mehmood Pracha’s meticulous documentation and unwavering pursuit of justice in his criminal complaint against election officials and BJP leaders underscore the critical importance of maintaining electoral integrity. His detailed allegations of EVM tampering, procedural irregularities, and systematic misconduct demand not just attention but immediate action to uphold democratic principles.
In exposing these alleged violations, Pracha has highlighted potential threats to the democratic fabric of IndiaThe authorities have formally accepted the complaint and it is now to left to be seen how investigation proceeds in the matter.
The complaint can be read here:
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