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April 12, 2001

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SC refuses to expedite Jaya's EVM petition

The Supreme Court Thursday refused to expedite hearing of a petition filed by All India Anna Dravida Munnetra Kazhagam supremo J Jayalalitha challenging the use of electronic voting machines in the May 10 assembly polls in Tamil Nadu.

A bench comprising Justices S P Bharucha and Y K Sabharwal rejected the early hearing plea of counsel K V Venkataraman and said, "It will come in the due course for hearing".

However, when Venkataraman pleaded that the election process in the state would begin on April 16 and an early hearing would be beneficial to all, the bench said, "There is no urgency in the petition. In fact, this is not a matter which is to be encouraged".

Now, the petition is likely to come up for hearing in the third week of April.

Jayalalitha, in her capacity as the general secretary of the AIADMK, had filed the petition challenging the April 10 order of the Madras High Court dismissing her petition requesting the court to restrain the Election Commission from using the EVMs in the ensuing assembly elections.

Under 61-A of the Representation of People Act, the Election Commission had the freedom to use EVMs.

Jayalalitha has said in her petition that by enacting this, Parliament has abdicated its duties and has enabled the delegate to make subordinate legislation, overriding the provisions of the act itself.

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