New Delhi- The 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 April 19 and will conclude with the announcement of results on June 4.
Nearly 40 times, courts rejected pleas on EVMs: EC officials
On a day the Supreme Court rejected pleas seeking a return to the ballot paper system, Election Commission officials pointed out that constitutional courts on at least 40 occasions have rejected petitions challenging the reliability of the electronic voting machines.
The functionaries also referred to the recent remarks of Chief Election Commissioner Rajiv Kumar that EVMs are “100 per cent safe” and political parties know in the “heart of their hearts” that the machines are fair.
The top 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.
“Almost 40 times constitutional courts — the Supreme Court and the high courts — have rejected pleas challenging EVMs,” CEC Kumar had said addressing a press conference here on March 16 while announcing the schedule for the ongoing Lok Sabha elections.
Citing a publication of the EC, he said it shows on how many occasions ruling parties have been voted out in elections where EVMs were used.
“Political parties have come into existence due to EVMs. There are many smaller parties, which in the age of ballot paper, might not have come into existence,” he had said.
He said the EVMs are fair and political parties recognise it in the “heart of their hearts”.
He also described them as “100 per cent safe, 100 per cent sure”.
The apex court bench also 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 into electronic voting machines in strong rooms.
The apex court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results on the request of candidates who stood second and third.
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