NEW DELHI: The Delhi High Court on Tuesday dismissed an appeal challenging the use of Electronic Voting Machines (EVMs) in elections across various constituencies.
The petitioner had argued that Section 61-A of the Representation of the People Act mandates the Election Commission of India (ECI) to provide specific justifications for using EVMs in each constituency.
The bench, comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, rejected the appeal, stating, “We find no merit in the present appeal, and the same is dismissed.”
The petitioner sought a directive for the ECI to comply with Section 61-A before conducting elections using EVMs.
He contended that the ECI should evaluate the necessity of EVM usage based on the unique circumstances of each constituency and provide detailed justifications accordingly. However, the court noted that the provision allows the ECI, under its discretion, to implement EVMs as prescribed.
The ECI had already issued directives, specifying the constituencies where EVMs would be employed, and these were placed on record.
The petitioner insisted that the ECI must individually justify EVM usage for each constituency. However, the bench concluded that the language of Section 61-A does not mandate such specificity and dismissed the appeal. Previously, in July 2024, a bench led by Justice Purushaindra Kumar Kaurav had dismissed a similar plea, noting that the issue had already been settled through prior judicial decisions.
The bench found no substantial grounds for further intervention. The petitioner, Ramesh Chander, had sought a court directive for the ECI to adhere to Section 61-A of the Act before proceeding with elections using EVMs. He expressed concerns over the lack of detailed reasons for EVM deployment in individual constituencies, which the court ultimately found unsubstantiated.