'Supreme Court Dismisses Petitions Seeking Comprehensive EVM Verification, Upholds Ballot Paper Rejection
On Friday, the Supreme Court of India dismissed multiple petitions seeking the comprehensive verification of votes cast through Electronic Voting Machines (EVMs) using Voter Verifiable Paper Audit Trail (VVPAT) slips. The two-judge bench, comprising Justices Sanjiv Khanna and Dipankar Datta, simultaneously rejected demands for a reversion to ballot papers in elections.
'We have dismissed all pleas seeking the reintroduction of ballot papers,' Justice Khanna declared during the hearing.
The writ petitions were filed by the Association for Democratic Reforms (ADR), Abhay Bhakchand Chhajed, and Arun Kumar Aggarwal.
During the hearing, the bench acknowledged that it had issued two directives to the Election Commission of India (ECI).
'One directive mandates that the Symbol Loading Unit (SLU) be sealed after the completion of the symbol loading process. The SLU must be preserved for a minimum period of 45 days,' the bench stated.
'The burnt memory in the microcontroller EVM shall be inspected by a team of engineers following the declaration of results, at the request of candidates in serial numbers 2 and 3. Such a request must be made within seven days of the results being declared.'
Justice Khanna further instructed the poll body to explore the feasibility of an electronic machine for tabulating paper slips and the incorporation of bar codes alongside party symbols.
Justice Khanna emphasized that the expenses for program verification would be borne by the candidates making the request. However, if tampering with the EVM was discovered, the expenses would be reimbursed.
'Blindly distrusting a system breeds unwarranted suspicion,' Justice Datta remarked, adding, 'Democracy hinges on fostering harmony and trust among all its pillars.' He further emphasized the importance of nurturing a climate of trust and collaboration to bolster the voice of Indian democracy.
On April 18, the court reserved its verdict on the petitions following a two-day hearing. On Wednesday, it requested the ECI to clarify five questions relating to EVM operations.
During the hearing on Wednesday, the bench sought clarification on the location of the microcontroller, whether it was installed in the controlling unit or the VVPAT, its programmability, the number of available Symbol Loading Units, data storage duration, and whether the Control Unit was sealed independently or if the VVPAT was maintained separately.
After receiving responses from a poll body official, the bench stated, 'We lack the authority to supervise elections or interfere with the operations of another constitutional body.'
'The ECI has addressed our concerns. We cannot alter your thought process or issue a mandamus based solely on suspicion,' the bench added.
Currently, VVPAT verification is conducted randomly on five EVMs in each Assembly segment within a parliamentary constituency.
Throughout the EVM-VVPAT verification hearings, the ECI has consistently maintained that EVMs are tamper-proof under any circumstances and that a comprehensive count of VVPAT slips is impractical.
Earlier in April, the Supreme Court issued a notice to the ECI in response to a petition demanding the tabulation of all VVPAT paper slips in elections, rather than limiting verification to five randomly selected EVMs.
The petition argued that simultaneous verification and the deployment of additional officers for counting in each Assembly constituency would enable the completion of comprehensive VVPAT verification within a matter of five to six hours.'
