The Supreme Court of India has dismissed a petition challenging the Punjab and Haryana High Court’s decision that upheld the use of ballot papers instead of Electronic Voting Machines (EVMs) in the upcoming local body elections in Punjab. Scheduled for May 26, with vote counting on May 29, these elections will proceed with the traditional voting method as per the State Election Commission’s directive.
A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi, declined to interfere with the decision, stating that an “unwise choice” does not justify halting an election. Justice Bagchi noted that the Court would only intervene if the State Election Commission lacked the authority to switch to ballot papers, which is not the case.
The bench further elaborated that while the use of ballot papers might be perceived as a regressive step, as per the ADR judgment, altering the electoral process mid-way would be inappropriate. The Court suggested that any observations regarding the choice of voting method should be reserved for future elections.
In response to concerns about potential booth capturing, CJI Kant emphasized that such incidents would reflect a failure of law and order, which cannot be tolerated. Furthermore, Justice Bagchi dismissed the suggestion to appoint a senior IPS officer as a poll observer, stressing that presuming unfairness without evidence is unwarranted.
The High Court, in its May 22 ruling, supported the State Election Commission’s decision to use ballot papers. It highlighted that despite the introduction of EVMs, the Punjab Municipal Election Rules continue to accommodate the use of ballot papers and boxes. The High Court justified this provision, citing the ongoing challenges of illiteracy, poverty, and ignorance within society, which necessitate the retention of traditional voting methods.
Senior Advocate Nachiketa Joshi represented the petitioner in the Supreme Court. Despite efforts to overturn the High Court’s decision, the apex court’s dismissal means that the local body polls in Punjab will proceed with ballot papers as initially planned.
For live updates, the Supreme Court’s proceedings on the appeal against the Punjab & Haryana High Court’s order can be followed via Bar and Bench’s coverage.
