Madras HC Rejects PIL Seeking Tallying of EVM Votes with VVPAT Slips; Similar Matter in SC

Today(on 18th April), Madras High Court rejects PIL urging ECI to match EVM votes with VVPAT slips, citing ongoing Supreme Court proceedings on a similar matter.

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Lok Sabha Elections 2024 | Madras HC Dismisses PIL Seeking Tallying of EVM Votes with VVPAT Slips; Similar Matter in SC
Madras High Court

Chennai: Today(on 18th April),The Madras High Court has rejected a Public Interest Litigation (PIL) seeking directives to the Election Commission of India (ECI) regarding the matching of each vote cast via Electronic Voting Machines (EVMs) with the corresponding Voter-Verifiable Paper Audit Trail (VVPAT) slip.

The petitioner had urged for the manual counting of all VVPAT slips produced on election days for the upcoming Lok Sabha elections. Chief Justice SV Gangapurwala and Justice J Sathya Narayana Prasad, observing that a parallel case was under consideration by the Supreme Court, made this decision.

Due to the ongoing proceedings in the Supreme Court, the Madras High Court found it fitting to reject the PIL lodged by F Camilus Selva. Nevertheless, Selva’s representative, S Xavier Felix, persisted in seeking redress and proposed that the High Court could link the current PIL with the one awaiting consideration in the Supreme Court for a consolidated hearing.

In response to this proposal, the Court raised concerns about the implications of such a request. Chief Justice SV Gangapurwala questioned whether the petitioner fully comprehended the consequences of their appeal. He asked if the petitioner understood the feasibility of the request and whether there was any legal basis or propriety for the High Court to link cases with those pending before the Supreme Court.

“Similar to the Supreme Court’s authority to request cases pending before high courts to be linked, can a high court exercise the same power with cases pending before the Supreme Court?”

-CJ Gangapurwala emphasized before ultimately dismissing the PIL.

The Madras High Court’s decision to dismiss the PIL reinforces the jurisdictional boundaries and the importance of adhering to the ongoing proceedings in the Supreme Court. While the petitioner sought the verification of EVM votes through VVPAT slips, the Court deemed it appropriate to let the Supreme Court address the matter comprehensively.

The issue of EVMs and VVPAT slips has been a subject of public interest and debate, with concerns raised about the transparency and accuracy of the electoral process. The ECI has taken several measures to address these concerns, including the introduction of VVPATs as a way for voters to verify their choices. However, the question of physically counting all VVPAT slips remains a contentious issue.

It is noteworthy that the Supreme Court is already examining a similar matter, indicating that the judiciary is actively engaged in addressing the concerns surrounding the EVM-VVPAT system. By dismissing the present PIL, the Madras High Court has recognized the ongoing proceedings in the Supreme Court as the appropriate forum to address the matter comprehensively.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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