Query related to mobile e-voting in municipal election of Bihar

Dear Client,
The Constitution of India provides for elections to be conducted on physical ballot boxes and Electronic Voting Machines (EVMs) at polling booths. The Representation of the People Act, 1951 outlines the procedures for conducting elections, including the use of EVM but does not explicitly provide for online voting or voting via mobile phones. The Bihar State Election Commissioner for the first time allowed the voters in the Bihar municipal elections to cast vote through mobile(E-SECBHR app) for six councils in Patna, Rohtas and East Champaran district held on 28th June, 2025. The facilities are available for those people who are unable to go to polling booths to cast their votes. Senior citizens, disabled people and pregnant women can avail this option. These elections are typically conducted with the approval of the State Election Commission on experimental basis. The Election Commission of India (ECI) has implemented Electronically Transmitted Postal Ballot System(ETPBS), allowing the citizens to vote online. But, this is not the same as online voting via mobile phones. However, any changes to the voting system, including the introduction of e-voting, requires amendments to the existing legal framework and careful consideration of the potential risks and benefits of online voting systems, especially about voter authentication, ballot secrecy, and potential manipulation or hacking. So, while e-voting using mobile phones is being explored in limited contexts on experimental basis, it is not currently permitted for general elections either under the existing constitutional framework or the relevant statute in India. Therefore, considering the significant concerns about the security and fairness of online voting through mobile app having no legal sanctity or constitutional validity that may potentially affect the larger interest of the common people, you may consider filing of a PIL post consultation with a senior Advocate of the High Court who has a good track record in Public Interest Litigation suits to file a PIL in the High Court seeking appropriate relief in the matter.

Dear Client,

The recently conducted municipal elections in Bihar through mobile e-voting raise serious legal concerns, as there is no clear provision under the Constitution of India or the Representation of the People Act, 1951, that permits mobile e-voting in public elections. While municipal elections fall under the jurisdiction of the State Election Commission as per Constitution, any voting method, including mobile-based systems, must be backed by proper legislation, technological safeguards, and procedural transparency to ensure fairness and security.

If such mobile e-voting was implemented without statutory backing, adequate rules, or public notice, it could be challenged as unconstitutional and violative of electoral rights. Therefore, this election can be questioned through a Public Interest Litigation (PIL) in the High Court or Supreme Court, seeking judicial review of its legality and potential annulment of results if due process was not followed.