Munmun Kaur
Published On: January 20, 2022 at 10:40 IST
The Supreme Court on January 19, agreed to consider the listing of a Public Interest Litigation (PIL) challenging the constitutional validity of the provision in the Representation of People Act that had led to the introduction of the Electronic Voting Machines (EVMs).
The PIL that made Union Law Ministry a party, was filed by the top Court Lawyer ML Sharma in his personal capacity. A Bench comprising of the Chief Justice of India (CJI) NV Ramana heard the submissions of the petitioner. The CJI said, “We will see it… I may list it before some other bench as well”.
Sharma said that Section 61A of the Representation of People Act, which permitted the use of Electronic Voting Machines was not passed by Parliament and hence could not be imposed. He further submitted “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”.
Apparently, the plea sought a declaration of the said provision as “void, illegal and unconstitutional”.
Sharma also submitted that the petition required hearing, given the upcoming assembly polls in five states – Uttar Pradesh, Goa, Punjab, Manipur, and Uttarakhand.