SC nixes pleas seeking cross-verification of votes cast using EVMs with VVPAT
A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts and dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections
PTI
New Delhi, 26 April
Supreme Court on
Friday rejected pleas seeking complete cross-verification of votes cast using
EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said "blindly
distrusting" any aspect of the system can breed unwarranted scepticism.
Maintaining that
"democracy is all about striving to build harmony and trust between all
institutions", a bench of Justices Sanjiv Khanna and Dipankar Datta
delivered two concurring verdicts and dismissed all the pleas in the matter,
including those seeking to go back to ballot papers in elections.
The court issued
two directives. Pronouncing his verdict, Justice Khanna directed the Election
Commission to seal and store units used to load symbols for 45 days after the
symbols have been loaded to electronic voting machines in strong rooms.
The apex court
also allowed engineers of the EVM manufacturers to verify the microcontroller
of the machines after declaration of the results on the request of candidates
who stood second and third.
Request for the
verification of the microcontroller can be made within seven days of
declaration of the results after payment of fees, the court said. "If EVM
is found tampered during verification, fees paid by the candidates will be
refunded," it said.
An EVM comprises
three units -- ballot unit, control unit and the VVPAT. All three are embedded
with microcontrollers which have a burnt memory from the manufacturer. Currently,
the Election Commission conducts random matching of VVPAT slips with EVMs at
five polling booths per assembly constituency.
"While
maintaining a balanced perspective is crucial in evaluating systems or
institutions, blindly distrusting any aspect of the system can breed
unwarranted scepticism...," Justice Datta said.
The bench
suggested the poll panel can examine whether electronic machines can be used
for counting VVPAT slips and also whether bar codes can be used for parties
along with their symbols.
Besides seeking to
return to the ballot paper system, the three petitions before it had prayed
that VVPAT slips should be given to the voter to verify and put in the ballot
box for counting and there should be 100 per cent counting of VVPAT slips, the
bench said. "We have rejected all of them," Justice Khanna said.
Hearing the matter
on April 24, the bench had said it cannot "control the elections" or
issue directions simply because doubts have been raised about the efficacy of
EVM. The petitions had claimed the polling devices can be tinkered with to
manipulate the results.
NGO Association
for Democratic Reforms, one of the petitioners, had sought reversal of the poll
panel'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. The petitioners have also sought the court's direction to
revert to the old system of ballot papers.
The seven-phase Lok Sabha polls began on 19 April and will conclude with the announcement of results on 4 June.
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