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Delhi High Court Dismisses Appeal Against Use Of EVMs In Elections

The Delhi High Court's Division Bench dismissed an appeal questioning the use of Electronic Voting Machines in elections across constituencies.

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Delhi High Court Dismisses Appeal Against Use Of EVMs In Elections

Electronic Voting Machines


The Delhi High Court’s Division Bench dismissed an appeal questioning the use of Electronic Voting Machines (EVMs) in elections across constituencies.

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The petitioner had raised concerns, arguing that Section 61-A of the Representation of the People Act (RP Act) mandates the Election Commission of India (ECI) to provide individual justifications for using EVMs in each constituency.

The bench, led by Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, dismissed the appeal, stating, “We find no merit in the present appeal, and the same is dismissed.”

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The appellant had filed a petition requesting the ECI to comply with Section 61-A before using EVMs in elections, particularly for preparing electoral rolls. The petitioner argued that the ECI should assess each constituency on its local conditions and justify the use of EVMs accordingly.

However, the court noted that a plain reading of the provision allows the ECI to adopt the use of EVMs as prescribed under non-obstante clauses, with no requirement for constituency-specific justifications.

The ECI had already issued directions detailing where EVMs would be used, and the bench found no basis in the law to support the appellant’s claim for individual constituency assessments.

In a previous ruling in July 2024, a bench led by Justice Purushaindra Kumar Kaurav had dismissed a similar plea, stating that the issue had been settled in earlier judicial pronouncements. The bench observed that the petitioner had not presented sufficient grounds for further intervention.

The petitioner, Ramesh Chander, had sought directions for the ECI to follow Section 61-A of the Act before using EVMs in elections, arguing that the ECI had failed to provide reasons for the usage of EVMs across constituencies.

However, the court disagreed with the petitioner’s stance and rejected the appeal.

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