A Supreme Court lawyer today filed a writ petition with the High Court seeking a ban on the use of Electronic Voting Machine (EVM) in the elections, claiming that the ordinance that allows use of EVM is unconstitutional.

Advocate Eunus Ali Akond submitted the petition to the HC challenging the legality of the Electronic Voting Machine Ordinance-2018 and its rules.

He said in the petition that the Electronic Voting Machine Ordinance-2018 has not been passed by the parliament.

EVM is not mandatory under clause 26(A) of the he Representation of the People Order and there was no necessity of formulating the Electronic Voting Machine Ordinance-2018, he said in the petition.

Eunus Ali said in the petition that an ordinance can be promulgated during an emergency situation if the parliament is not in the session under article 93 of the constitution and therefore, the Electronic Voting Machine Ordinance-2018 in contradictory to the constitution.

EVM was used in six constituencies in the December 30, 2018 election, but the election was not fair, the lawyer said in the petition adding that there are rules in the constitution and laws of holding elections by peoples’ direct votes through hidden ballots.

Eunus Ali Akond told The Daily Star that the HC may hold hearing on the writ petition on January 12.