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 EVM

Bengaluru, 9th September(Karnataka Information): Supreme Court comes down heavily on PILs against EVMs, says issue being raised time and again

Justice Khanna, SC Judge observes “Petitioner getting overly suspicious”

“Every 6-8 months, EVM issue is freshly raised. EC counter-affidavit very

detailed. No urgency to hear the petition” : Hon’ble SC Earlier, Courts have called it more “Publicity Interest Litigation” than Public Interest Litigation Recently, Delhi High Court while expressing confidence in the robust and transparent FLC process also dismissed a Petition by

Delhi Pradesh Congress Committee उच्चतम नयायालय की फटकार - क्यूँ बार बार EVM की निष्पक्षता पर सवाल उठाते है चुनाव आते ही evm का रोना शुरू; उच्चतम न्यालय की फटकार

100% VVPAT verification idea “regressive”, akin to shifting to paper ballot system: says ECI in detailed affidavit to SC Manual counting of VVPAT slips is worse than Paper Ballot and may also lead to manipulation of results : Affidavit

The Supreme Court has come down heavily on a petition challenging use of

EVMs. In a series of observations, the Court has questioned the need for taking up the issue so frequently.

Election Commission of India has filed a detailed affidavit in the Hon’ble Supreme Court in the matter of Association for Democratic Reforms vs. Election Commission of India [WPC No. 434/2023] relating to EVM/ VVPATs.

Justice Sanjiv Khanna while hearing the matter, at the very onset, remarked

that issues relating to EVMs are being raised time and again and that Mr

Prashant Bhushan, Advocate for the Petitioner, was being overly suspicious

with this petition. He also said that every year such petitions are being filed.

The Hon’ble Judge said “ ECI has filed a detailed counter-affidavit. Mr

Prashant Bhushan, how many times will this issue be raised? Every 6-8

months, this issue is freshly raised.”

Justice Khanna further remarked that he had gone through the Counter

Affidavit filed on behalf of ECI and after examining it, he did not see any

urgency to list the matter anytime soon. Mr Prashant Bhushan insisted that the

Counter Affidavit filed by ECI contained incorrect statements and that the

matter should be listed after two weeks but the same was denied after Justice

Khanna observed that the CA filed by ECI was very detailed. The petitioner

has now been granted one week's time to file rejoinder and the matter will be

taken up in November.

Earlier, various Hon’ble High Courts had also penalised petitions raising

doubts on EVM integrity citing them as “Publicity Interest Litigations” rather

than Public Interest Litigations (PILs).

Recently, it may be recalled that the Delhi High Court while expressing

confidence in the robust and transparent FLC process also dismissed a

Petition by Delhi Pradesh Congress Committee seeking termination and

reinitiating the ongoing FLC for EVMs & VVPATS in NCR for 2024 LS

elections. The Court expressing its displeasure towards the DPCC said

“Abstaining from participation in FLC process and later questioning the

integrity of the same process does not reflect well on the Petitioner”

In its affidavit, ECI mentioned that the present petition is another attempt to

cast doubt on the functioning of EVMs/VVPATs with vague and baseless

grounds and without providing substantial evidence and similar petitions

are anticipated in the lead-up to the 2024 Lok Sabha Elections. The

Commission has observed such practice before every round of elections.

There is a malafide intention to create a fake narrative around EVMs and

disregard the integrity of EVMs to create doubt in the mind of voters.

The Commission through its affidavit emphasised that the true test of any

election system is faithful translation of people’s will into election results. Apart

from the fact that EVM has faithfully reflected the mandates of the people over

these years, the Constitutional Courts ( in over twenty five such cases filed

before the Hon’ble Supreme & High Courts) have also always upheld the use

of EVMs in Indian elections and its integrity. Since the introduction of EVM in

the elections system ( 2004 onwards), the party getting the maximum

number of seats changed 44 times in Assembly elections and twice in

Lok Sabha Elections. AITC won 3 consecutive Assembly Election in

West Bengal with EVM , AAP which won 2 consecutive Assembly

Election in Delhi and recently Punjab Assembly Election with EVM;

CPI(M) which won 4 consecutive Assembly Election in Kerala with EVM.

After the introduction of EVM, all political parties have won elections

based on people’s mandates.

It may be recalled that CEC Shri Kumar during an interaction with media,

while dismissing allegations on EVMs functioning sarcastically said that, “ अगर

EVM बोल सकती तो क्या बोलती - जिसने मेरे सर पर तोहमत रखी है , मैंने उसके भी घर की

लाज़ रखी है” |

The petitioner had requested for 100% verification of VVPAT slips with the

votes casted in EVMs and also mentioned a vacuum in law as there has been

no procedure for the voter to verify that her vote has been ‘counted as

recorded’.

Responding to this, ECI rejected the suggestion as a regressive step akin

to shifting back to paper ballot system. Counting all the paper slips has its

costs in terms of skilled manpower and time required. Manual counting of this

scale will also be prone to human error and mischief. Manual counting of

VVPAT slips is worse than Paper Ballot and may also lead to manipulation of

results. Also no one has ever challenged the tampering of EVMs and

demand for 100 % VVPAT verification through an Election Petition than

through such vague PILs.