The petitioner requested that the Election Commission assess and provide justifications for the use of EVMs in each constituency individually. He further sought a directive for the ECI to show how it complies with the mandatory requirement of providing detailed reasons for using EVMs in each constituency.
NEW DELHI: The Delhi High Court today(21st Jan) dismissed an appeal that challenged the use of Electronic Voting Machines (EVMs) in elections across various constituencies.
The petitioner, Ramesh Chander, argued that under Section 61-A of the Representation of the People Act (RP Act), the Election Commission of India (ECI) should provide individual justifications for using EVMs in each constituency. However, the court did not accept this argument and dismissed the appeal.
The case was heard by a Division Bench of the Delhi High Court, consisting of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela. The petitioner had raised concerns that the ECI was not providing the necessary reasons for using EVMs in every constituency. He argued that the ECI should demonstrate how it follows the legal requirements, particularly in detailing the conditions for using EVMs in each constituency.
However, the bench did not find merit in the petitioner’s arguments. The court said, “We find no merit in the present appeal, and the same is dismissed.”
The petitioner had requested that the Election Commission assess and provide justifications for the use of EVMs in each constituency individually. He further sought a directive for the ECI to show how it complies with the mandatory requirement of providing detailed reasons for using EVMs in each constituency.
The court, however, observed that a clear reading of Section 61-A allows the Election Commission to decide on the use of EVMs in a way that complies with the law. The ECI had already issued directions and submitted them to the court, detailing the constituencies where EVMs would be used. As a result, the court noted that there was no need for further intervention, as the ECI had followed the required legal procedure.
The bench stated, “The language of the provision does not support this view,” rejecting the petitioner’s plea. The court found that the use of EVMs was in line with the law, and the petitioner did not provide sufficient reasons for the court to intervene.
Earlier, in July 2024, a different bench, led by Justice Purushaindra Kumar Kaurav, had also dismissed a similar petition. That bench noted that the issue had already been settled through previous judicial decisions. It further observed that the petitioner had failed to present any valid arguments for the court to reconsider the matter.
The Delhi High Court upheld the use of EVMs in elections and dismissed the petition challenging their application across constituencies.
[Case Title:Ramesh Chander vs Election Commission Of India].
