Supreme Court to consider hearing PIL challenging use of EVMs in polls

The Supreme Court Wednesday agreed to consider listing a PIL challenging the Constitutional validity of a provision of the Representation of People Act which had led to the introduction of electronic voting machines (EVMs) instead of ballot papers for polls in the country.

A bench comprising Chief Justice of India (CJI) N V Ramana heard the submissions of lawyer M L Sharma, who filed the plea in his personal capacity, that the petition required hearing in view of upcoming assembly polls in five states -- Uttar Pradesh, Goa, Punjab, Manipur and Uttarakhand.

“We will see it... I may list it before some other bench as well,” the CJI said.


Sharma said Section 61A of the Representation of People Act, which permitted the use of EVMs, was not passed by Parliament and hence cannot be imposed.

“I have filed the petition which is supported with the evidence on the record. A judicial note can be taken note of the case...let the election be held through ballot papers,” the lawyer said.

The plea, which made the Union Law ministry a party, sought declaration of the provision as “void, illegal and unconstitutional” as there was no provision of EVM.

The upcoming assembly polls in the five states will be held between February 10 and March 10.