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march 1984

Supreme Court of India · 1984-03-05

A. C. JOSE vs SIVAN PILLAI & ORS.

Citation / case number
SC 1982/63761
Court
Supreme Court of India
Petitioner
A. C. JOSE
Respondent
SIVAN PILLAI & ORS.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that the Election Commission's directive to use electronic voting machines was without jurisdiction, as it contravened the Representation of the People Act 1951 and the Conduct of Election Rules 1961, which prescribe manual voting methods. The Court emphasized that the Commission cannot innovate a new voting method that conflicts with existing laws. The judgment reinforced that the powers of the Commission are meant to supplement, not supplant, statutory provisions regarding election conduct, as per Article 324 of the Constitution of India.

A. C. JOSE vs SIVAN PILLAI & ORS. · Niyam