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April 23, 2001

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SC rejects Jayalalitha's petition against EVMs

Paving the way for use of Electronic Voting Machines in the assembly elections, the Supreme Court on Monday dismissed a petition filed by AIADMK supremo Jayalalitha challenging the provision in the Representation of People's Act empowering the Election Commission to use such machines.

Terming Section 61(A) of the Act as 'perfectly valid', a division bench comprising Justice B N Kirpal and Justice Ruma Pal said the petitioner had failed to show any infirmity in the use of EVMs in elections and added it failed to understand why these machines be not used for the ensuing assembly polls.

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.

Section 61-A of the RP Act gave the Election Commission the freedom to use EVMs.

In another similar petition, counsel P P Rao argued that the use of EVMs was contrary to the mandate of the Constitution and said these machines were susceptible to manipulation.

The bench said, "You mean to say that there is no manipulation in the ballot papers. Then you have not seen the ballot boxes being taken away by hooligans. At least, they cannot take away these machines."

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