Delhi High Court Dismisses PIL To Conduct General Elections Through Ballot Paper Instead Of EVMs

The Delhi High Court has dismissed a public interest litigation seeking a direction on the Union Government and the Election Commission of India (ECI) to conduct the general elections through ballot papers and not electronic voting machines (EVMs).

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela refused to entertain a plea filed by one Upendra Nath Dalai, raising grievance against the use of EVMs in the general elections in the country.

Dalai appeared in person whereas ASG Chetan Sharma appeared for Union of India and Advocate Suruchi Suri represented ECI.

The Court observed that all the issues raised in the PIL had engaged attention of various Courts, including the Supreme Court, on various occasions.

The Bench relied upon a Supreme Court ruling of last year in the case of Association of Democratic Reforms v. Union of India & Anr wherein it was held that the EVMs are simple, secure and user-friendly and that the voters, candidates and their representatives and the officials of the ECI are aware of the nitty-gritty of the EVM system.

The Apex Court had also held that the incorporation of the VVPAT system fortifies the principle of vote verifiability, thereby enhancing the overall accountability of the electoral process.

The Court also relied upon a judgment passed by a coordinate bench on January 21 wherein a similar petition against the use of electronic voting machines in general polls was dismissed.

“In view of the aforesaid, we decline to entertain the writ petition. The same is hereby dismissed,” the Court said.

Title: Upendra Nath Dalai v. Chief Election Commissioner, Election Commission of India & Anr