Supreme Court dismisses plea challenging validity of provision related to electronic voting machines

New Delhi, August 12

The Supreme Court on Friday dismissed a plea challenging the constitutional validity of a provision of the Representation of the People Act, which had led to the introduction of electronic voting machines (EVMs) instead of ballot papers for polls in the country.

A bench of Justices SK Kaul and MM Sundresh refused to entertain the plea challenging Section 61A of the 1951 Act, which pertains to voting machines at elections. Advocate ML Sharma, who filed the petition, referred to Article 100 of the Constitution, and said it is a mandatory provision.

Article 100 deals with voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

“I have challenged section 61A of the Representation of the People Act, that it is not passed by way of voting in the Lok Sabha or the Rajya Sabha,” he said.

The bench asked, “You are challenging what is in the House? You are challenging general voting? What are you challenging.” Sharma said he is challenging Section 61A of the Act, which permitted the use of EVMs, as it was not passed in the House by way of voting.

“We find no merit…Dismissed,” the bench orally said. The plea, which had made the Union Law ministry a party, sought declaration of the provision as “void, illegal and unconstitutional”.