High Court Ruling on EVM Usage in Punjab Elections
The Punjab and Haryana High Court, in a significant ruling on Friday, declined to mandate the Punjab State Election Commission to deploy Electronic Voting Machines (EVMs) for the forthcoming local body elections in Punjab. Set for May 26, with vote counting on May 29, the elections will proceed using traditional ballot papers, as per the court’s decision.
Rationale Behind the Decision
A Division Bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry highlighted that despite the introduction of EVMs, the Punjab Municipal Election Rules still encompass provisions for ballot papers and ballot boxes. The Bench noted that such provisions are intentionally retained due to prevalent issues of illiteracy, poverty, and ignorance in society. They emphasized that the election authorities might need to revert to conventional methods occasionally, hence retaining these rules is justified.
Timing and Procedural Hurdles
The court acknowledged that the timing was a critical factor, as the election program had been published on May 13, 2026, with the petitions filed on May 18 and 19. The Bench stated that it was “too late in the day” to issue any orders or writs, suggesting that the petitioners had approached the court too late for effective intervention.
Supreme Court Observations
While the Bench recognized the Supreme Court’s observations against reverting to ballot papers, it reiterated that due to the late filing of petitions, it could not interfere. The court extended the option for the petitioners to challenge the election process through an Election Petition.
Legal Proceedings and Representation
This judgment arose from a series of petitions contesting the decision of the State Election Commission to use ballot papers, which was alleged to contravene Supreme Court judgments. The Punjab government and the State Election Commission questioned the petitions’ maintainability.
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Representing the petitioners were Senior Advocates Chetan Mittal and Amit Jhanji, accompanied by Advocates Harneet S Oberoi, Mayank Aggarwal, and others. The State was represented by Advocate General Maninderjit Singh Bedi, Additional Advocate Generals Chanchal K Singla, PIP Singh, Jastej Singh, and others. Advocate Aayush Sharma appeared for the State Election Commission, while Advocate Prateek Gupta represented the Election Commission of India.
[Read Judgment]
