SC questions EVMs, VVPAT counting process; rejects return to ballot paper

 A bench of Justices Sanjiv Khanna and Dipankar Datta heard petitions regarding the comprehensive verification of votes VVPAT system

Vasudha Mukherjee, BS, New Delhi, Apr 17 2024: The Supreme Court on Tuesday asked the Election Commission to give information on electronic voting machines (EVMs), but ruled out returning to ballot papers by saying the judges “have not forgotten” the past.

Justices Sanjiv Khanna and Dipankar Datta presided over the bench during a hearing on petitions on the Voter-Verifiable Paper Audit Trail (VVPAT) system. The petitions sought cross-verification of votes cast with the VVPAT system, which provides voters with a paper trail to confirm the accuracy of their votes. This independent mechanism produces a paper slip visible to the voter, stored in a sealed cover for potential disputes.

"We are in our 60s. We all know what happened when there were ballot papers, you may have, but we have not forgotten," said Justice Khanna. He expressed reluctance to engage in a debate on past electoral practices, emphasising the need to focus on the current proceedings.

The bench heard arguments advocating a return to ballot papers, dismissing comparisons with European countries and stressing the need to maintain trust in India’s electoral process.

The court highlighted the logistical challenges posed by India's voter population of roughly 980 million. Despite acknowledging the potential for human errors in the vote count, the bench maintained confidence in the electoral system's integrity.

Advocate Prashant Bhushan, representing NGO Association for Democratic Reforms', raised concerns about the vulnerability of EVMs to tampering. He advocated for increased transparency in the electoral process, including allowing voters to collect paper slips of their votes cast from VVPAT machines.

"There are very high chances of error. We always blame the population for everything including the number of cases clogging our judicial system. We should focus on the system so that there is no iota of doubt in the mind of even a single voter," argued senior advocate Gopal Sankaranarayanan, appearing for activist Arun Kumar Agrawal.

The court directed the Election Commission officials present to provide detailed information on the functioning, storage, and security measures of EVMs. The bench sought clarity on the consequences of EVM manipulation and urged the Election Commission to ensure voter confidence in the electoral process.

"We want you to apprise us of each and every detail from point A to Z on the EVMs, right from their assembling to storage after the counting of votes," the bench told senior advocate Maninder Singh, appearing for the Election Commission.

The hearing, which featured input from various petitioners' advocates, remained inconclusive and is scheduled to resume on April 18. These deliberations come ahead of the upcoming seven-phase Lok Sabha polls, set to commence on April 19.

The Association for Democratic Reforms (ADR) has called for enhanced scrutiny of EVMs to ensure the accuracy and transparency of electoral outcomes. They advocate for a comprehensive count of VVPAT slips to verify votes recorded electronically.