Upendra Nath Dalai v. Chief Election Commissioner,Election Commission Of India & ANR.

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14819/2025 & CM APPL. 60925/2025 UPENDRA NATH DALAI .....Petitioner Through:

Petitioner in person.

versus CHIEF ELECTION COMMISSIONER,ELECTION COMMISSION OF INDIA & ANR.

.....Respondents Through:

Ms. Suruchi Suri, Standing Counsel with Mr. Ashish Shukla, Advocate for ECI/R-1.

Mr. Chetan Sharma, ASG with Mr.

Ankur Mittal, CGSC, Mr. Amit Gupta, Mr. Shubham Sharma, Mr. Vikram Aditya Singh, Naman, Mr.

Yashwardhan Sharma and Ms. Rabaica Jaiswal, Advocate for UOI/R-2.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 24.09.2025 1.

Heard the petitioner, who appears in person, Mr. Chetan Sharma, learned Additional Solicitor General representing the Union of India and Ms. Suruchi Suri, learned Standing Counsel representing the Election Commission of India. 2.

By instituting the instant proceedings of the public interest litigation petition, primarily grievance has been raised with the EVMs which are used in General Elections in the country. Another prayer made in the petition is that a direction be given to the respondents to conduct the General Elections through ballot paper.

3.

All the aforesaid issues have engaged attention of the Courts including that of the Supreme Court on various occasions. Hon'ble Supreme Court in its judgment dated 26.04.2024, in Association for Democratic Reform vs. Election Commission of India and another, (2025) 2 SCC 732, has put the W.P.(C) 14819/2025 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2025 at 11:52:44

final seal to the issue by observing inter-alia that, the EVMs are simple, secure and user-friendly. The voters, candidates and their representatives and the officials of the Election Commissions of India are aware of the nitty-gritty of the EVM system. They also check and ensure righteousness and integrity. Moreover, the incorporation of the VVPAT system fortifies the principle of vote verifiability, thereby enhancing the overall accountability of the electoral process. The said observations have been made in the para 75 of the report which is extracted herein under:

"75. We have conducted an in-detail review of the administrative and technical safeguards of the EVM mechanism. Our discussion aims to address the uncertainties and provide assurance regarding the integrity of the electoral process. A voting mechanism must uphold and adhere to the principles of security, accountability, and accuracy. An over complex voting system may engender doubt and uncertainty, thereby easing the chances of manipulation. In our considered opinion, the EVMs are simple, secure and user-friendly. The voters, candidates and their representatives, and the officials of the ECI are aware of the nitty-gritty of the EVM system. They also check and ensure righteousness and integrity. Moreover, the incorporation of the VVPAT system fortifies the principle of vote verifiability, thereby enhancing the overall accountability of the electoral process."

4.

The writ petition thus, challenging use of EVMs in the elections was dismissed by the Hon'ble Supreme Court. Relying on the same judgment, an LPA namely LPA No.47/2025 has also been dismissed by a Coordinate Bench of this Court vide order dated 21.01.2025.

5.

In view of the aforesaid, we decline to entertain this writ petition, which is hereby dismissed.

6.

Pending application also stands disposed of.

DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J SEPTEMBER 24, 2025/kct W.P.(C) 14819/2025 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2025 at 11:52:44