The Supreme Court will pronounce judgment today at 10.30 AM on a batch of petitions seeking 100% verification of the votes recorded in the Electronic Voting Machines (EVMs) with the Voter Verifiable Paper Audit Trail (VVPAT) slipsA bench comprising Justices Sanjiv Khanna and Dipankar Datta had reserved judgment on the petitions on April 18 after two days of hearing. The Court listed the...
The Supreme Court will pronounce judgment today at 10.30 AM on a batch of petitions seeking 100% verification of the votes recorded in the Electronic Voting Machines (EVMs) with the Voter Verifiable Paper Audit Trail (VVPAT) slips
A bench comprising Justices Sanjiv Khanna and Dipankar Datta had reserved judgment on the petitions on April 18 after two days of hearing. The Court listed the petitions again on April 24 to seek certain technical clarifications from the ECI.
As per the causelist, there are two judgments in the case - one by Justice Khanna and the other by Justice Datta.
During the hearing, the bench extensively interacted with an official from the Election Commission of India (ECI) to understand the workings of the EVMs and VVPATs and their security features. The ECI asserted that the EVMs cannot be tampered with under any circumstance and that the complete counting of the VVPAT slips was not practically feasible.
The writ petitions have been filed by the Association for Democratic Reforms (ADR), Abhay Bhakchand Chhajed and Arun Kumar Aggarwal.
The petitioners, stressing that the measures to increase the confidence of the voters must be adopted, argued that a few days' delay in the declaration of results is a small price to pay for the larger goal of a fair and transparent election process. During the hearing, the bench also orally expressed reservations about the manual counting process, saying that human interventions can lead to problems.
As per the current practice, the ECI randmoly verifies the VVPAT slips of EVMs from five polling booths per assembly segment in a Parliamentary constituency. This is in terms of a direction passed by the Supreme Court in 2019 which directed the ECI to increase the verification from one polling booth to five polling booths per assembly segment.
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Observations from #SupremeCourt's judgment on EVM-VVPAT case | Thread🧵
No possibility of EVM tampering.
"The suspicion that the EVMs can be configured/manipulated for repeated or wrong recording of vote(s) to favour a particular candidate should be rejected.
The Court has issued two directions, while rejecting plea for 100% EVM-VVPAT verification :
(1) That on completion of the symbol loading process in the VVPAT undertaken on or after 01.05.2024, the Symbol Loading Unit(SLU) should be sealed and secured in containers. The candidates or their representatives shall sign the seal. 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.
(2) The burnt memory semicontroller in 5% of the EVMs, that is the Control Unit, Ballot Unit and the VVPAT, 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 results on a written request made by candidates who are at places 2 and 3 behind the highest polled candidate. 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 7 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. 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.
Justice Khanna said in Court that the prayers for reverting to ballot paper voting, complete EVM-VVPAT verification, giving VVPAT slips to voters to put them in the ballot box have been rejected. "We have rejected all of them, after referring to the protocol in place, technical aspects and data which is on record," Justice Khanna said.
Justice Khanna : The burnt memory semicontroller in 5% of the EVMs that is the Control Unit, Ballot Unit and the VVPAT per assembly constituency per parliamentary constituency shall be checked and verified by a team of engineers from the manufacturers of the EVM post the announcement of results on a written request by candidates 2 and 3.
Such a request to be made within 7 days of the declaration of the results. The actual cost to be borne by the candidate making the request. Expenses to be refunded in case the EVMs are found to be tamepered.
Justice Khanna : That on completion of the symbol loading process in the VVPAT undertaken on or after 01.05.2024, 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 45 days post the declaration of results.
Justice Khanna asks ECI to examine the suggestion for a electronic machine for vote counting the paper slips and whether along with the symbol there can be a bar code for each party.
Justice Datta : Blindly distrusting a system can lead to unwarranted suspicions.
Justice Khanna : The expenses for the verification (of the program) to be borne by the candidates making the request, in case the EVM is found to be tampered, the expenses will be refunded.
Justice Khanna : The burnt memory in the microcontroller EVM shall be checked by a team of engineers after the declaration of results on a request by candidates in serial number 2 and 3, such a request to be made within 7 days after the declaration of results.
Justice Khanna : We have given two directions. One direction is after the completion of symbol loading process, the Symbol Loading Unit should be sealed. The SLU should be stored at least for a period of 45 days.