Delhi High Court Dismisses Review Petition Seeking To Scrap EVMs And Conduct General Elections Through Ballot Papers

The Delhi High Court on Thursday rejected a plea for review of its earlier order dismissing a PIL seeking a direction on the Union Government and Election Commission of India (ECI) to conduct general elections through ballot papers and not electronic voting machines (EVMs).

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela dismissed the review petition filed by one Upendra Nath Dalai.

In the pre-lunch session, the Court questioned Dalai, who was appearing in person, on filing of the review petition, adding that he was wasting judicial time.

The Bench had then asked Senior Advocate Rajshekhar Rao to speak with Dalai and make him understand as to how the matter should be proceeded.

In the post-lunch session, Rao informed the Court that Dalai was eagerly keen to pursue the review petition.

Dalai told the Court that he wanted to press the review petition which may be dismissed, pursuant to which he can file an SLP before the Supreme Court.

“Review dismissed,” the Court then ordered.

Dalai sought review of the order passed by the Bench on September 24, while refusing to entertain his PIL raising grievance against the use of EVMs in the general elections in the country.

The Court had observed that all the issues raised in the PIL had engaged attention of various Courts, including the Supreme Court, on various occasions.

The Bench had also relied upon a Supreme Court ruling of last year in the case of Association of Democratic Reforms v. Union of India & Anr wherein it was held that the EVMs are simple, secure and user-friendly and that the voters, candidates and their representatives and the officials of the ECI are aware of the nitty-gritty of the EVM system.

The Court further relied upon a judgment passed by a coordinate bench on January 21 wherein a similar petition against the use of electronic voting machines in general polls was dismissed.

“In view of the aforesaid, we decline to entertain the writ petition. The same is hereby dismissed,” the Court had said.

Title: Upendra Nath Dalai v. Chief Election Commissioner, Election Commission of India & Anr  

Citation: 2025 LiveLaw (Del) 1277