Just before the assembly elections, questions were raised on the constitutional validity of EVMs, the Supreme Court is ready to hear the petition
The Electronic Voting Machine (EVM) is once again in discussion just before the assembly elections to be held in five states. The Supreme Court on Wednesday agreed to hear a petition challenging the constitutional validity of using EVMs instead of ballot papers. After hearing arguments on the plea of advocate ML Sharma, the bench of Chief Justice NV Ramana said that it will consider listing his matter. The petition challenges the constitutional validity of Section 61A of the Representation of the People Act. Voting was started in the country with EVMs instead of ballot paper only under the provision of this law.
Chief Justice NV Ramana, after hearing the arguments of advocate ML Sharma, said, “We will look into it… I may list it before some other bench also.” According to news agency PTI, Sharma said that Section 61A of the Representation of the People Act, which allows the use of EVMs, was not passed by Parliament, so it cannot be enforced forcefully.
Apart from this, he demanded to conduct elections through ballot paper in the petition. Sharma said, “I have filed the petition, which is based on record facts. Judicial note of the matter can be taken… Elections should be held through ballot paper.”
Assembly elections are to be held in 5 states of the country, Uttar Pradesh, Uttarakhand, Goa, Manipur and Punjab from next month. Elections will be held in Uttar Pradesh in seven phases. The first phase of the assembly elections in UP will begin on February 10 and the last phase of polling will be held on March 7. Polling in Uttarakhand and Goa will be held on February 14, while in Punjab it will be held on February 20. Manipur will go to polls in two phases on February 27 and March 3. Counting of votes in all the states will take place on March 10.
Earlier, many political parties have also been questioning the legality of EVMs. In the last few elections also, the opinion of political parties on this issue was divided. Announcing the date of elections on January 8, when Chief Election Commissioner (CEC) Sushil Chandra was pointed out that the losing parties had been questioning the credibility of EVMs, he said, “EVMs are no longer any Not the issue.’
