Friday, June 14, 2024

Supreme Court agrees to hear plea against use of EVMs for voting

The Supreme Court today agreed to hear the plea against voting for elections through Electronic Voting Machines (EVMs). 

The matter was mentioned by Advocate Manohar Lal Sharma before the bench led by the Chief Justice N.V. Ramana. Sharma has challenged the constitutional validity of Section 61A of the Representative of People Act 1951, for imposing EVMs (electronic voting machine) for voting, to declare it void and ultra-vires to the Constitution in the interest of Justice. 

61A. Voting machines at elections.—Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify. Explanation.—For the purposes of this section, “voting machine” means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.

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Sharma has sought the following prayers;

A- For quashing s.61A of the Representation of People act 1951 being void, illegal and unconstitutional being contra to the art.100(1) and art 21 of the constitution of India. 

B- Be pleased to direct that under the garb of S.61A EVM cannot be used for voting purposes.


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