“Electoral Process Demands Sanctity” SC Tells EC In VVPAT Case

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“The electoral process demands sanctity. There should be no apprehension that expected measures are not being implemented,” Justice Sanjiv Khanna and Justice Dipankar Datta addressed in VVPAT Case

NEW DELHI: Today (18th April): The Supreme Court emphasized the importance of sanctity in the electoral process, urging the Election Commission of India (ECI) to elucidate the measures taken to ensure free and fair polls.

Justice Sanjiv Khanna and Justice Dipankar Datta.

“The electoral process demands sanctity. There should be no apprehension that expected measures are not being implemented,”

During the court proceedings, Senior Advocate Maninder Singh, representing the ECI, and other poll officials were present to address queries and concerns raised by the bench of Justice Sanjiv Khanna and Justice Dipankar Datta.

Advocate Nizam Pasha advocated for allowing voters to retain their VVPAT slips after casting their votes and depositing them in a ballot box. However, concerns were raised about potential privacy infringements, to which

Pasha responded, emphasizing that

“Voter privacy cannot be used to defeat voter’s rights

Further suggestions were put forth by Advocate Prashant Bhushan, who proposed that the light on VVPAT machines remain illuminated continuously, ensuring visibility of the slip-cutting process without compromising privacy. Senior Advocate Sanjay Hegde supported the idea of a separate audit process to bolster the credibility of the counting process.

The ECI clarified the voting process, detailing the functioning of EVMs and VVPATs, assuring that robust measures are in place to prevent tampering and ensure integrity.

“One possible solution is if they can’t change glass at this stage, at least the light should remain on at all times, so I can see the slip cutting and falling. No privacy will be compromised.”

The ECI highlighted the rigorous mock poll process and the random allocation of voting machines to constituencies, coupled with stringent security protocols during storage and transportation. Additionally, the Commission emphasized the firmware-based nature of EVMs, assuring that the program cannot be altered.

The election commission explained that the Electronic Voting Machine’s (EVM) control unit directs the Voter Verified Paper Audit Trail (VVPAT) unit to print its paper slip, visible to the voter for seven seconds before it’s securely stored. Contrary to software, the VVPAT printer contains a 4-megabyte flash memory storing symbols. The returning officer prepares an electronic ballot, loaded into the symbol loading unit, providing candidate details in image format.

The Supreme Court emphasized the importance of sanctity in the electoral process, urging the Election Commission of India (ECI) to elucidate the measures taken to ensure free and fair polls.

Senior Advocate Maninder Singh, representing the ECI, and other poll officials were present to address queries and concerns raised by the bench of Justice Sanjiv Khanna and Justice Dipankar Datta.

Advocate Nizam Pasha advocated for allowing voters to retain their VVPAT slips after casting their votes and depositing them in a ballot box. However, concerns were raised about potential privacy infringements, to which Pasha responded, emphasizing that voter privacy should not compromise voter rights.

Advocate Prashant Bhushan, who proposed that the light on VVPAT machines remain illuminated continuously, ensuring visibility of the slip-cutting process without compromising privacy.

Senior Advocate Sanjay Hegde supported the idea of a separate audit process to bolster the credibility of the counting process.

The court’s attention was drawn to reports of discrepancies in mock poll results in Kerala, prompting inquiries into the matter. The ECI clarified the voting process, detailing the functioning of EVMs and VVPATs, assuring that robust measures are in place to prevent tampering and ensure integrity.

In response to the court’s query regarding the number of Symbol Loading Units for polling, a poll body official stated,

“Typically, one is allocated per constituency, under the custody of the Returning Officer until the conclusion of the poll.” When asked about sealing to prevent tampering, the Election Commission clarified that such a process is not currently in practice.

Regarding the mock poll process, an official explained,

“Candidates are permitted to randomly select 5% of the machines, which is repeated on polling day. VVPAT slips are extracted, counted, and matched. Each machine bears unique paper seals. Upon arrival for counting, seal numbers can be verified.”

When questioned about voter verification, the official mentioned,

“The Election Commission conducts demonstrations and awareness programs for this purpose.” Additionally, the Commission assured that voting machines are allocated to constituencies randomly, ensuring that only legitimate units are connected.

The feasibility of voters receiving VVPAT slips post-voting was deliberated, with concerns raised about potential misuse and compromise of vote secrecy. The VVPAT system, designed to provide voters with assurance regarding the accuracy of their votes, generates paper slips stored in sealed covers for dispute resolution.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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