Saharanpur (UP), April 11 : A Saharanpur-based man has challenged the constitutional validity of holding municipal elections in Uttar Pradesh through EVMs. The writ mentions section 44 of the UP Municipal Corporation Act, 1959, which specifies that "at every election in a ward where a poll is taken, votes shall be cast by secret ballot and no vote shall be received by proxy". According to the petitioner Harpal Singh, a social activist, "No amendment has been done in the rule specified under 'manner of voting' in the Act. The state election commission's directions to conduct a poll through EVM do not hold well in the eyes of the law. Hence, conducting polls through EVMs is illegal." Akhilesh Kumar Rajbhar, petitioner's lawyer representing the case in Allahabad high court, said, "The petition has been filed with an application that the hearing be conducted on an urgent basis owing to the ongoing process for the election. UP chief secretary, principal secretary of the urban development department and the state election commission have been made the respondents in the case." Meanwhile, the poll process has already begun and filing of nominations has started from Tuesday for the election to be held on May 4 and 11. EVMs have also started reaching the district headquarters. As the model code of conduct is already in place, the UP government cannot make any amendment to the Act and there is not enough time for paper ballot printing. /IANS