Delhi High Court Dismisses Petition Seeking Ban on EVMs, Cites Supreme Court Verdict

The petitioner had argued that EVMs compromise free and fair elections and violate citizens' fundamental rights. Citing the apex court's prior judgments on the matter, the High Court found no grounds to intervene and dismissed the writ petition.

New Delhi [India]: The Delhi High Court on Wednesday dismissed a petition that sought a ban on the use of Electronic Voting Machines (EVMs) in elections.  The petition, filed by one Upendra Nath Dalai, had urged the High Court to direct that elections be conducted only through ballot papers. A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the issue has already been conclusively settled by the Supreme Court.  The Bench noted that the apex court had previously dismissed similar challenges, and a coordinate bench of the Delhi High Court had also declined to interfere in the matter.

"The writ petition challenging the use of EVMs in elections was dismissed by the Supreme Court. Relying on that judgment, another Letters Patent Appeal was also dismissed by a coordinate bench of this Court. In view of the aforesaid, we dismiss the writ petition," the Bench ordered. In his plea, Dalai had sought wide-ranging directions, including a ban on EVMs with VVPAT, conducting elections exclusively through ballot papers, invalidating amendments to the Election Rules, 1961, and quashing the Election Commission's Special Intensive Revision (SIR) process.  He alleged that the use of EVMs, coupled with recent amendments to election rules, compromised free and fair elections, violated the fundamental rights of citizens under Articles 14 and 21 of the Constitution, and threatened the basic structure of the Constitution as laid down in Kesavananda Bharati v. State of Kerala.

The petition further claimed that misuse of EVMs, "booth rigging," and biased actions of the Election Commission assured the victory of the ruling party, thereby undermining the equality of votes and choices guaranteed to citizens. Dalai also invoked alleged violations of the Right to Information Act, 2005, arguing that the matter was filed purely in public interest without any personal stake. 

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