Indian Kanoon - Search engine for Indian Law

ii) To direct the respective respondents to conduct the Urban and Rural Local Bodies Election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation ;

iii) To direct the respective respondents to take steps for compulsory usage of Electronic Voting Machines ;

iv) To direct the respective respondents to take steps to appoint officers of the Central Government/Public Sector Undertakings as Election Officers ; and

v) To direct the respective respondents to take steps to appoint officers of the Central Government/Public Sector Undertakings as Election Observers ; and

11. Insofar as the prayers relating to the use of Electronic Voting Machines and appointment of Central Government officers/officers of the Public Sector Undertakings as the Election Officers and Election Observers, as is raised in W.P. Nos.23417, 23418, 28371 and 29060 of 2016 are concerned, it is the averment of the petitioners therein that for the purpose of conduct of proper free and fair elections to the local bodies, the petitioners had addressed a representation to the Government for amending the relevant Acts/Rules incorporating use of Electronic Voting Machines as a mode of casting the franchise and a representation has also been addressed to appoint Central Government officers/officers of the Public Sector Undertakings as the Election Officers and Election Observers. Inspite of receipt of the representations, the Government has not considered the same and passed orders thereon, though the process of election is likely to start in a very short span of time. Therefore, the above petitions have been filed for a direction to the respective respondents to consider the respective representation and pass orders thereon at the earliest, before the announcement of the election.

24. It is submitted by the learned senior counsel that the ruling party having lost the Will of the people and being afraid of defeat at the hands of the people to the benefit of its contemporaries, has invented reasons to bring in the impugned amendments, with ulterior motives, which is against the constitutional mandate of free and fair elections and, therefore, the said amendments being against the democratic framework and constitutional guarantees is liable to be struck down.

25. Insofar as the usage of electronic voting machines (for short 'EVM') for the present elections is concerned, it is submitted by the learned senior counsel that Section 61-A of the Representation of People Act, mandates the use of EVM, which has also the seal of approval of the Supreme Court in the decision reported in All India Anna Dravida Munnetra Kazhagam  Vs  Chief Election Commissioner & Anr. (A. Nos.1-2 in Petitions for Special Leave to Appeal (Civil) CC 2824-2825/2001 dated 23.04.2001 - which arose out of the order of this Court in W.P. No.3346/01 (2001 WLR 758) and, therefore, it is obligatory on the part of the Government to use EVM's in the elections to the local bodies to ensure a free, fair and corrupt free elections. Though representations have been given way back demanding use of EVM's in the elections, however, no concrete steps have been taken by the Government to put into service EVM's in the forthcoming elections, which only lights up the intention of the Government that it is not in favour of a free and fair elections.

Use of Electronic Voting Machines -

Introduction of electronic voting machines would save time, manpower solves storage problems, prevents invalid votes and facilitates easy counting. It is an eco-friendly measure which saves paper and in turn helps to preserve forest resources.

69. Keeping the objective of maintaining an eco-friendly atmosphere, it is high time that paperless elections be evolved, which would be a boon in disguise to the human race and at the same time would avoid recurring expenditure in the printing of ballot papers, avoid wastage of ballot papers and in turn keep alive the trees for a healthy environment. The website of the Election Commission of India deals exhaustively about the use of EVMs, its merits and demerits and its benefits through a Question & Answer analysis. It comprehensively illustrates all the forseeable scenarios that usage of EVMs can encounter. One such query is the advantages of the use of EVM. The answer therein would be a justifiable piece of corroboration for the necessity to use the EVM and the same, for better clarity, is extracted hereunder :-