Delhi High Court Dismisses Plea Seeking ECI To Specify Special Circumstances For Using EVMs In Each Constituency

The Delhi High Court has dismissed an appeal seeking directions to the Election Commission of India (ECI) to comply with Section 61A of the Representation of the People Act, 1951 (RPA) before proceeding with any elections through EVMs. 

Section 61A RPA states that "Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify."

The appellant contended that the ECI has to examine each constituency to check the circumstances pertaining to the use of EVMs and how they could be adopted in such constituency. The appellant thus prayed for directions to be issued to the ECI to demonstrate, how the requirement of specifying constituency-wise circumstances for using EVMs is satisfied.

Pursuing Section 61A of RPA, a division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela observed "A plain reading of Section 61A indicates that...it opens with non-obstante clause..it empowers the ECI to adopt the recording of votes by voting machines in such manner as may be prescribed in such constituencies as the ECI may specify." 

The Court noted that the ECI has issued directions dated 22 March 2019, which indicates that the ECI has specified constituencies where EVMs are required to be adopted. 

It noted that as per the appellant, ECI is required to specify each constituency separately and also specify special circumstances that warrant using EVMs. However, the Court rejected this contention and stated that the language of Section 61A does not support such interpretation. 

The Court referred to Association of Democratic Reforms v. Election Commission of India & Anr. (2024 LiveLaw (SC) 328), where the Supreme Court observed that unless substantial evidence is presented against EVMs, the current system would have to persist with enhancements. 

With these observations, the Court said that it did not find any merit in the petition and dismissed it. 

Case title: Ramesh Chander Vs Election Commission Of India 

Citation: 2025 LiveLaw (Del) 69