Delhi HC dismisses plea seeking to stop use of EVM
Aug 03, 2021
New Delhi [India], August 3 : The Delhi High Court on Tuesday dismissed a petition that sought a direction to stop the use of Electronic Voting Machine (EVM) and proposed the use of ballot paper in any forthcoming elections.
A Division Bench of Delhi High Court Chief Justice DN Patel and Justice Jyoti Singh while passing the order observed that nothing concrete has been argued by the petitioner, no research has been done. Court also imposed a cost of Rs 10,000 on the petitioner.
"This petition is not public interest litigation at all, this is clearly a publicity interest litigation," said Justice DN Patel.
The petition was filed by advocate CR Jaya Sukin, while arguing in length, submitted that many of the European countries are already using Ballot papers instead of EVM for free and fair elections.
"That to save democracy, we must introduce the ballot paper system back in the electoral process in the country. Electronic Voting Machines (EVMs) have replaced the old ballot paper system in India. Also, many countries of the world; including England, France, Germany, Netherlands, and the United States have banned the use of EVMs," the petitioner said.
He further added that as per Article 324 of the Constitution of India, elections conducted by the Election Commission need to be free and fair, and reflect the will of the voters.
"The Electronic Voting Machines (EVMs) must be replaced across India with traditional ballot papers as voting through ballot papers is a more reliable and transparent method for the electoral process of any country," the lawyer said.
The lawyer, in its petition, also said that developed countries like the US, Japan, Germany, and others have rejected EVMs during elections, and have chosen the ballot system of voting.
"This should indicate that EVMs are not satisfactory instruments to be used for the electoral process of a country. EVMs can be hacked. But the ballot system is extremely safe," the petitioner said.
