Delhi High Court refuses to order EC to use new EVMs in MCD polls

The Delhi High Court on Tuesday declined to give any direction, as sought by an AAP candidate, to the Election Commission to use second generation EVMs (electronic voting machines) with paper trail in the April 23 MCD polls. .

Justice AK Pathak said the court cannot stay the MCD elections at the "eleventh hour".

"We cannot stay the election process nor pass order to use EVMs which are not there," the judge said as he sought response of the state election commission and Election Commission of India on the plea filed by Mohammad Tahir Hussain.

State election commission's counsel Sumeet Pushkarna said, "In a space of four days, changing all the EVM machines to VVPAT (voter verified paper audit trial) is not feasible".

Pushkarna said the EVMs to be used in the MCD polls are the same EVMs which were used in 2015 assembly election when the ruling party, AAP, came to power.

“There are three judgments of the Supreme Court which say that the election at this stage cannot be stalled," Pushkarna said.

Appearing for petitioner, Mohd. Tahir Hussain, senior advocate Indira Jaising contended that the poll panel was duty bound to use the second generation EVMs. She argued that in 2013 the apex court had termed the second generation EVMs as the safest.

Jaising said EVMs compatible with VVPAT were used in the Uttar Pradesh and Goa polls.

Raising concern over the integrity of the EVMs, Jaising said, "There is a demonstrable problem in state of Rajasthan in Dholpur, that no matter what button you press, the vote will go to BJP".

JUSTICE AK PATHAK SAID WE CANNOT STAY THE ELECTION PROCESS

NOR PASS ORDER TO

USE EVMS WHICH ARE NOT THERE