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Supreme Court to consider hearing PIL challenging use of EVMs in polls

Updated - January 19, 2022 09:54 pm IST

Published - January 19, 2022 01:50 pm IST - New Delhi

The petitioner said the polling process should discard the EVMs and return to ballot papers

An Electronic Voting Machine (EVM) with a Voter Verifiable Paper Audit Trail (VVPAT). File

The Supreme Court on Wednesday agreed to consider listing a PIL challenging the constitutional validity of a provision of the Representation of People Act which had led to the introduction of electronic voting machines (EVMs) in elections.

A Bench led by Chief Justice of India N.V. Ramana, in an oral mentioning made by advocate Manohar Lal Sharma, agreed to consider listing the case even as the lawyer sought an early hearing in view of the Assembly polls in five States — Uttar Pradesh, Goa, Punjab, Manipur and Uttarakhand.

Mr. Sharma said the polling process should discard the EVMs and return to ballot papers.

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“We will see it... I may list it before some other bench as well,” the CJI said.

Mr. Sharma said Section 61A of the Representation of People Act, which permitted the use of EVMs, was not passed by Parliament and hence cannot be imposed. The petition wants the provision to be declared null and void.

“I have filed the petition which is supported with the evidence on the record. A judicial note can be taken note of the case... Let the election be held through ballot papers,” the lawyer said.

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