
The Delhi High Court’s Division Bench dismissed an appeal challenging the use of Electronic Voting Machines in elections across constituencies.
The petitioner raised concerns about the use of EVMs, arguing that Section 61-A of the Representation of the People Act (RP Act) requires the Election Commission of India to provide specific justifications for using EVMs in each constituency individually.
The bench, led by Acting Chief Justice Vibhu Bakhru and comprising Justice Tushar Rao Gedela, found no merit in the appeal and dismissed it, stating, “We find no merit in the present appeal, and the same is dismissed.”
The petitioner, Ramesh Chander, argued that the ECI should assess each constituency separately and provide justifications for using EVMs in line with local circumstances. He also sought a directive for the ECI to demonstrate how it complies with the law’s requirement to specify constituency-wise circumstances before using EVMs.
However, the bench noted that a plain reading of Section 61-A of the RP Act permits the ECI, under non-obstante clauses, to adopt the use of EVMs in a prescribed manner.
The ECI had already issued directions detailing the constituencies where EVMs would be used. The bench clarified that the provision does not require constituency-specific justifications, rejecting the appeal.
In a related ruling from July 2024, a bench led by Justice Purushaindra Kumar Kaurav had previously dismissed a similar plea, stating that the issue had been settled through prior judicial pronouncements. The earlier bench also noted that the petitioner had failed to present any new grounds warranting further intervention.
Ramesh Chander’s petition had sought directions for the ECI to comply with the provisions of Section 61-A before using EVMs in elections. The petitioner expressed dissatisfaction with the lack of specific reasons provided for using EVMs in each constituency.