The Election Commission (EC) opposed a writ petition filed by the Dravida Munnetra Kazhagam (DMK) regarding the design of Electronic Voting Machines (EVMs). Appearing before the Madras High Court, the EC’s counsel argued against the petition, stating that EVMs have been used in elections since the early 1980s without any proven tampering incidents.
Chennai: Today (5 April): The Election Commission of India (ECI) has opposed a writ petition filed by the DMK party, questioning the design of third-generation M3 Electronic Voting Machines (EVMs). The ECI counsel argues that such petitions create unnecessary doubts among voters and fail to prove the possibility of tampering with the machines.
Appearing before the first Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice J. Sathya Narayana Prasad.
ECI counsel Niranjan Rajagopalan said that such writ petitions filed by political parties time and again end up creating absolutely unnecessary apprehension in the minds of the voters.
“It will send the wrong message. People will start doubting the EVMs,” he told the Bench.
The Election Commission of India (ECI) vehemently opposed a writ petition filed by the DMK party, raising concerns about the design of third-generation M3 Electronic Voting Machines (EVMs).
The petition specifically questions the placement of Voter Verified Paper Audit Trail (VVPAT) printers between the balloting units and control units without a direct connection between the two.
READ ALSO: SC Notice to ECI: Plea for Full EVM votes with VVPAT Vote Tally
He said EVMs had been used for elections in the country since the early 1980s, and no one who had approached the courts so far had been able to prove the possibility of tampering with those machines.
“Raising questions over the use of machines during every other election amounts to flogging a dead horse. It does not serve any better purpose,” the counsel said.
Rajagopalan further pointed out that the third-generation M3 machines, which are the subject of the present writ petition, were introduced in 2013 and have been gradually deployed in different elections since then.
He highlighted that these machines were extensively used in the 2021 Tamil Nadu Assembly elections, in which the petitioner party (DMK) emerged as the winner.
Mr. Rajagopalan said the third-generation M3 machines against which the present writ petition had been filed were introduced for the first time in 2013, and since then, they have been gradually used, in phases, for different elections.
“These M3 machines were used extensively in the 2021 Tamil Nadu Assembly elections, in which the petitioner party (DMK) won,” he told the court.
The Chief Justice inquired about the timing of the DMK’s approach to the court, to which senior counsel N.R. Elango responded that the issues raised in the writ petition came to the party’s attention only in January of the current year. Consequently, the DMK made a representation to the Chief Election Commissioner during his recent visit to Tamil Nadu and subsequently filed the case due to perceived inaction.
Further, Elango clarified that the DMK does not seek any relief for the 2024 Lok Sabha polls. The party’s concerns and requests, as outlined in the writ petition, are directed towards future elections. The judges, considering the lack of pressing urgency, adjourned the further hearing on the petition to June 20.
READ ALSO: DMK Filed Writ Petitions Over EVM Issues Before Lok Sabha Polls: Madras HC
The DMK’s writ petition not only questions the design of the M3 EVMs but also seeks direction from the ECI to establish procedures for EVM approval. Additionally, the party insists on formulating guidelines for returning officers when dealing with applications from election agents regarding the counting of paper slips collected through the VVPAT system.
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