SC dismisses two pleas related to use of EVMs

The Supreme Court on Friday refused to entertain a plea alleging irregularities in the functioning of Electronic Voting Machines (EVMs), saying every method has its plus and minus points. The top court also dismissed another petition which claimed 19 lakh EVMs "missing" from the custody of the Election Commission during 2016-19 may be used to manipulate the results of the upcoming Lok Sabha elections.

A bench of Justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih said the apex court has already examined several petitions and dealt with various issues related to the functioning of EVMs.

"How many petitions shall we entertain? Recently, we have dealt with a plea related to VVPAT (voter verifiable paper audit trail). We cannot go by assumptions. Every method has its plus and minus points. Sorry, we cannot entertain this under Article 32," the bench told petitioner Nandini Sharma, who appeared in person.


Article 32 gives Indian citizens the right to approach the Supreme Court directly for enforcement of their fundamental rights.

The bench recorded in the order that the issue raised in the petition has been examined by the apex court in various petitions.

Justice Khanna said more than 10 cases have been examined on the issue by the court at different times.

Sharma had arrayed the Election Commission of India and six political parties in her plea and sought direction for use of ballot papers instead of EVMs for the upcoming Lok Sabha election.

She also sought setting aside Section 61A of The Representation of the People Act, 1951 which allows use of voting machines for the elections.

Meanwhile, a bench headed by Justice BR Gavai dismissed another petition filed by Indian New Congress Party (INCP).

The separate plea of INCP claimed that 19 lakh EVMs "missing" from the custody of the poll panel could be used to manipulate the results of the upcoming Lok Sabha polls.

Besides Justice Gavai, the bench comprised Justice Sandeep Mehta.

The court termed INCP's apprehension as "completely baseless" and dismissed the petition.