High Court directs use of EVMs in local body polls

A division bench comprising Justice Huluvadi G Ramesh and Justice K Ravichandra Babu while passing orders on a plea moved by DMK seeking the use of EVMs among others in the local body elections, said “On an overall analysis of usage of EVMs vis-avis the ballot papers, it is amply clear that the usage of EVMs tend to improve the eco-system and at the same time reflects the actual mandate of the people coupled with the other benefits on the financial as well as other environmental aspects.” 

Also, setting aside the State Election Commission’s argument that since no provisions have been made for the use of EVMs under the Tamil Nadu Panchayats Act, the bench held that “Section 61-A of the Representation of People Act, which is a piece of Central Legislation, provides for use of EVMs in the elections. That being the case, any State Act, which is not in conformity with the Central legislation, is trite in law and therefore, there would be no embargo on the State Election Commission to use EVMs in the rural local bodies election.” 

However, the bench also directed the State to take immediate steps to bring in appropriate legislation incorporating a similar provision in the Tamil Nadu Panchayats Act for use of EVMs in the rural local bodies elections as is found under the District Municipalities Act, at the earliest. 

On the aspect of posting Central Government staff for poll related work since the local officials would succumb to the pressure exerted by the government in power, the bench refused to intervene saying, “The SEC may identify the vulnerable localities and try to induct central government employees as polling officers and observers so that the sanctity of the election is not questioned.”