Supreme Court Refuses To Entertain Plea Seeking 100% Manual Counting Of EVM-VVPAT Slips In Elections

The Supreme Court today dismissed a plea seeking directions to the Election Commission of India to conduct 100% manual counting of VVPAT slips apart from the electronic counting done through the control unit. 

The bench of CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan was hearing a writ petition filed by the petitioner-in-person , Hans Raj Jain. 

Jain informed the bench that he had previously made a representation to the ECI. Since he got no response, he then filed a writ petition before the Delhi High Court which was eventually dismissed. 

The bench declined to entertain the matter and CJI said : 

"Hum issue examine kar chukke hai, pehle bhi examine kiya hai par ab baar baar nahi jaa sakte" 

(We have already examined the issue in the past, we cannot keep re-examining the issue now) 

Notably, the Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta in April 2024 rejected the pleas seeking 100% cross-verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records. Although the prayers of the petitioners were rejected, two directions were passed relating to storage of Symbol Loading Units and post-poll checking of 5% EVMs per assembly segment on request by runner-up candidates.

The petitioner however reiterated that the speedy manner in which cunting of votes is happening is suspicious, even as per his past experience. 

"Yeh counting ke upper hai hai Sir, Inhone bina kuch kahe 12 dino mein counting kardi, jabki mera khud ka experience hai-" 

(my petition is on the issue of counting of votes, they had without telling anyone counted the votes in 12 days...but as per my personal experience-) 

The CJI interjected and passed the following order of dismissal - 

"We do not find any good ground or reason to interfere in the impugned judgment and hence dismissed the present SLP." 

The Delhi High Court had earlier in October 2024 dismissed the writ petition by Jain while noting that the issue was squarely covered by the Supreme Court's decision in Association of Democratic Reforms v. Election Commission of India & Anr.

Before the High Court also, Jain sought thorough inspection of the EVM record and counting of votes. It also sought that the ECI be directed to use appropriate prototype of VVPAT system in the future, in which the printer is kept open. This regime, he suggested, would prelude more transparency as the printed ballot will get cut and fall in a tray in front of the printer; the voter will pick it up from the tray, verify it, fold it and bring it out of voting compartment and drop the same in a sealed box kept for this purpose in front of the presiding officer before leaving the polling station.

He further sought manual counting of the printed paper slips in the dropbox of the printer in respect of any polling station in all future Legislative Assembly elections and/or Parliamentary elections where paper trail has been introduced. 

Case Details : HANS RAJ JAIN Versus ELECTION COMMISSION OF INDIA| Diary No. 1865-2025

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