Supreme Court junks plea challenging provision which allows use of EVMs

Supreme Court of India.
Supreme Court of India. File/ GK

New Delhi: The Supreme Court on Friday junked a plea challenging the constitutional validity of a provision of the Representation of the People Act, which is connected with the use of electronic voting machines (EVMs), instead of ballot papers for the polls.

A bench of Justices S.K. Kaul and M.M. Sundresh noted that there is no merit in the petition, as it declined to entertain the plea challenging Section 61A of the 1951 Act, which pertains to the use of voting machines at elections.

“We find no merit in the petition, dismissed,” it said.

As the petitioner, advocate M.L. Sharma, said he had challenged Section 61A of the Act, that it is not passed by way of voting in the Lok Sabha or the Rajya Sabha, the bench queried if is he challenging what is in the House, or he is challenging general voting?

“What are you challenging?” it asked.

Sharma said he is challenging Section 61A of the Act, which permitted the use of EVMs, and added that this Act was not passed by voting in the House.

Declining to entertain the PIL, the bench said: “We keep saying this, every matter in the way of PIL is not to be entertained. Where there is something material, we’ll consider.”

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