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

SC dismisses PILs seeking 100% cross-verification of EVM votes with VVPAT slips
New Delhi: 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.