Supreme Court dismisses PILs seeking 100% cross-verification of EVM votes with VVPAT slips

Tribune News Service

Satya Prakash

New Delhi, April 26

The Supreme Court on Friday dismissed PILs seeking a 100% cross-verification of votes cast through EVMs with Voter Verifiable Paper Audit Trail (VVPAT) slips even as it issued certain directions to the Election Commission to strengthen the current EVM system.

“We have elaborately discussed the protocols, technical aspects… We have rejected all the petitions,” said a Bench of Justice Sanjiv Khanna and Justice Dipankar Datta.

The Bench – which had called a senior Election Commission official on April 24 for clarifications on certain aspects of functioning of EVMs and VVPAT, six days after it reserved the verdict on the contentious issue – however, issued two directions to strengthen the EVM system.

“One direction is that on completion of the symbol loading process in the EVM undertaken on or after May 1, 2024, the symbol loading unit should be sealed and secured in containers. The candidates and their representatives shall sign the seal. The sealed containers containing the SLUs shall be kept in the store rooms along with the EVMs at least for a period of 45 days post the declaration of results. They shall be opened and examined and dealt with as in the case of EVMs,” Justice Khanna said, pronouncing the verdict.

“The burnt memory semi-controller in 5% of the EVMs, i.e., the Control Unit, Ballot Unit and the VVPAT, per Assembly constituency, per Assembly segment of the Parliamentary constituency, shall be checked and verified by a team of engineers from the manufacturers of the EVM post the announcement of the results for any tampering or modification on a written request made by candidates who are at serial number 2 or 3 behind the highest polled candidate,” the Bench further directed.

“Such candidates or their representatives shall identify the EVMs by the polling station or the serial number. All candidates and their representatives shall have the option to remain present at the time of verification. Such a request should be made within a period of seven days from the date of declaration of the results,” the top court said.

“The District Election Officer, in consultation with the team of engineers, shall certify the authenticity and intactness of the burnt memory micro-controller. After the verification process is conducted, the actual cost or the expenses for the said verification will be notified by the ECI and the candidate making the said request will make payment of the said expenses. Expenses will be refunded in case the EVMs are found to be tampered,” it ordered.

Justice Khanna asked the Election Commission to examine the suggestion for an electronic machine for counting VVPAT slips and whether along with the symbol we can have a barcode with regard to each party.

Justice Datta – who delivered a separate but concurring verdict – sounded a note of caution for the petitioners.

“While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspects of the system can breed unwarranted scepticism and impede progress. Instead, a critical, yet constructive approach guided by evidence and reason should be followed to make room for meaningful improvements and to ensure the system’s credibility and effectiveness,” Justice Datta said.

“Be it the citizens, the judiciary, elected representatives or even the electoral machinery legislature etc.—democracy is all about striving to build harmony and trust between all its pillars through open dialogue, transparency and processes and continuous improvement of the system by active participation in democratic practices,” Justice Datta went on.

“Our approach should be guided by evidence and reason to allow space for meaningful improvements. By nurturing a culture of trust and collaboration, we can strengthen the foundations of our democracy and ensure that the voices and choices of all citizens are valued and respected. With each filler fortified, our democracy stands robust and resilient,” Justice Datta said.

“I conclude with the hope and trust that the system shall not fail the electorate and the mandate of the voting public shall be truly reflected in the votes cast and counted,” Justice Datta added.

VVPAT is an independent vote verification system which enables an elector to see whether his vote has been cast correctly. It generates a paper slip which can be viewed by the voter. It is kept in a sealed cover and can be opened in case of a dispute.

The petitioners – Association for Democratic Reforms (ADR) and others—had demanded a 100 percent count of VVPAT slips as opposed to the current practice of verification of only five randomly-selected EVMs per assembly segment through VVPAT paper slips. They had sought measures to ensure that votes are “recorded as cast” and “counted as recorded”.

They had also sought reversal of the EC’s 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

After interacting with the EC official, the Bench had on Wednesday ruled out going back to the ballot paper system and said it would consider issuing directions to strengthen the EVM system.

Maintaining that it can’t control elections, the Supreme Court had on Wednesday wondered if it can issue an order on petitions seeking a 100% cross-verification of votes cast using EVMs with VVPAT merely on the basis of suspicion.

“Can we issue a mandamus on the basis of suspicion? The report you are relying on says that there is no incident of hacking yet. We are not the controlling authority of another constitutional authority (Election Commission. We can’t control the elections,” the Bench had said.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.

#Supreme Court