SC rejects pleas seeking cross-verification of votes cast using EVMs with VVPAT

Justice Khanna pronounced the judgement, saying the court had rejected all the petitions, including those seeking to return to ballot papers in elections.

As reported by Live Law, Justice Khanna said, “We have rejected all of them, after referring to the protocol in place, technical aspects, and data, which are on record.”

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, VVPATs are used in five booths per assembly constituency.

Also Read: SC reserves verdict in EVM and VVPAT case; EC clears doubts

Directives to EC

However, the court has issued two main directives for the Election Commission to follow One of them is the storage of Symbol Loading Unit (SLU) along with EVMs, and the second is to allow the candidates who come second or third to check the burnt memory of EVMs.

Speaking to PTI, advocate Prashant Bhushan said, “The court has not accepted our demands but has directed the Election Commission to examine if bar codes can be put on VVPAT slips so that the VVPAT slips can be mechanically counted by a counting machine.”

Speaking of the directives, he said, “Also, secondly, they have said that the symbol loading unit which loads the symbol constituency should be sealed and kept available for at least 45 days after the election.”

The court order said, “The sealed containers containing the SLUs shall be kept in the strong rooms along with the EVMs at least for a period of 45 days post the declaration of results. They should be opened and examined and dealt with as in the case of EVMs.”

Bhushan added, “Thirdly, they have said that every candidate who comes second or third can make a demand for examining the burnt memory of the EVM, and a technical expert team of the Election Commission will have to examine that, but the cost of that will have to be paid by the candidate. With these directions, the court has disposed of the petition.”

The court further said, “Such a request should be made within seven days of the declaration of the results. The District Election Officer, in consultation with the team of engineers, shall certify the authenticity and intactness of the burnt memory microcontroller.”

“Expenses will be refunded in case the EVMs are found to be tampered with,” it added.

Also Read: Disallowing 100 percent VVPATs is ‘terrible anyay’ on Indian voter: Congress

The petitions

The top court had on Wednesday, 24 April, said it cannot “control the elections” or issue directions simply because doubts have been raised about the efficacy of Electronic Voting Machines (EVM), as it reserved its judgement on the clutch of petitions, which also claimed the polling devices could be tinkered with to manipulate the results.

The court had said it could not change the thought process of those doubting the advantages of polling machines and advocating going back to ballot papers.

The bench also took note of the answers to queries it posed to the Election Commission.

It sought answers from an official of the poll panel to five questions related to the functioning of EVMs, including whether the microcontrollers fitted in them are reprogrammable.

After a two-day hearing, the bench had on 18 April reserved its verdict on the pleas. However, the matter was listed again on Wednesday as the court wanted some clarifications from the EC.

NGO ‘Association for Democratic Reforms’, one of the petitioners, has sought a 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.

(With PTI inputs)