A bench of the Supreme Court comprising Chief Justice of India (CJI) NV Ramana has agreed to consider listing a plea challenging the constitutional validity of the 61A provision of the Representation of People Act. The provision led to the replacement of ballot papers in the country with electronic voting machines.
The plea was filed by lawyer ML Sharma in his own capacity. Sharma told the bench that the petition required a hearing given the upcoming assembly polls across five states.
"We will see it... I may list it before some other bench as well," the Chief Justice of India said.
Sharma contended that provision 61A of the Representation of People Act was not passed by the parliament, and therefore, cannot be imposed.
"I have filed the petition which is supported with the evidence on the record. A judicial note can be taken note of the case... let the election be held through ballot papers," the lawyer said.
The Union Law Ministry has been listed as a party in the plea which seeks that the provision is declared "void, illegal and unconstitutional" as there was no provision of EVM.