SC Rejects challenge to Punjab MC Ballot Paper use

Court Says Poll Process Already Underway, No Scope For Last-Minute Changes

Ekamjit Singh Brar

New Delhi, May 25

The Supreme Court on Monday dismissed a petition seeking the use of Electronic Voting Machines instead of ballot papers in the Punjab municipal elections. Noting that the elections are scheduled to take place tomorrow, the bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi refused to interfere, saying that it was too late as all arrangements had been made. Senior Advocate Nachiketa Joshi, for the petitioner, submitted that it was the first time that the ballot papers were being used in the recent past. He pointed out that the Supreme Court has observed that EVMs are the norm. “Elections are tomorrow, what can be done now? there is no time left,” CJI Surya Kant said. Joshi submitted that it was only on 14th May that the State Election Commission notified that the elections will be held through ballot papers, and immediately, the petitioner approached the High Court challenging it the next day. When Joshi said that the Election Commission of India (ECI) has agreed to make available the requisite EVMs, Justice Bagchi said that the ECI was not con-

ducting the elections, and the authority conducting the elections was not before the Court.

Justice Bagchi said that the Court will not “second-guess” the decision of the SEC, and cannot interfere with an ongoing election process. Justice Bagchi added that there was no “jurisdictional error” in the decision. “The ultimate mas-ter is the State Election Commission. If the State Election Commission did not have the power to use ballot papers, we would have injuncted,” Justice Bagchi observed, saying that the rules allowed the use of bal-lot papers. “Ballot paper election has not been delet-ed from the scheme of the municipal election. It is open to the State Election Commission to choose between ballot papers and EVM. We agree that the

Supreme Court in the ADR judgment held that it would be a regressive step to go back to ballot papers.

But as the election process has started, it would be unwise for us to interfere when the rules do not exclude ballot papers,” Justice Bagchi said. When Joshi said that booth captur-ing events can happen, CJI Surya Kant said that if law and order problems are there, even EVMs can be of no help. The counsel appearing for the ECI said that the ECI has taken a poli-cy to lend EVMs to SECs for local body elections, and only the transportation charges are levied. The ECI said that usually, requisi-tions come from States six months in advance. He added that it might require three days to check the machines and train the offi-cials.