EVM Hacking? | “Can’t Proceed Based on Assumptions”: SC Rejects Plea on EVM Irregularities

The Supreme Court stated Today (March 15th) that every method has its pros and cons as it declined to consider a petition alleging irregularities in Electronic Voting Machines (EVMs). Bench highlighted the court’s prior examination of numerous petitions regarding EVM functioning and related issues. They questioned the need for further petitions to be entertained.

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EVM Hacking? | "Can't Proceed Based on Assumptions": SC Rejects Plea on EVM Irregularities

NEW DELHI: The Supreme Court of India, Today, expressed its views on the challenges and criticisms surrounding the use of Electronic Voting Machines (EVMs), emphasizing the inherent imperfections and merits in every system.

The bench, composed of Justices Sanjiv Khanna, Dipankar Datta, and Augustine George Masih, firmly declined to entertain a new plea alleging discrepancies in the operation of EVMs.

This refusal stems from the court’s extensive history of addressing similar concerns, as it has rigorously examined and resolved various issues related to EVMs through numerous petitions over time. The justices articulated a sense of judicial fatigue, questioning,

“How many petitions shall we entertain?”

This was in reference to recent deliberations over a plea concerning Voter Verified Paper Audit Trails (VVPAT), underlining their stance that assumptions cannot form the basis of legal challenges against the electoral method.

In rejecting the plea filed by Nandini Sharma, who represented herself in court, the justices reiterated a significant observation:

“Every method has its plus and minus points.”

They conveyed their inability to proceed with the plea under Article 32 of the constitution, indicating a threshold of tolerance and discretion in revisiting issues previously scrutinized and settled by the judiciary.

The court’s decision was also influenced by the history of the case, as the issue presented had already been explored in various capacities in preceding petitions. Justice Khanna highlighted that the court had already examined over ten cases related to this matter, demonstrating the judiciary’s thorough engagement with the concerns surrounding EVMs.

Furthermore, Sharma’s plea had involved significant stakeholders, including the Election Commission of India and six political parties, signifying the broad and multifaceted nature of the electoral integrity debate.

EVM Hacking? | "Can't Proceed Based on Assumptions": SC Rejects Plea on EVM Irregularities

What is EVM?

EVMs are electronic voting machines that enable the voter with a button for each choice of candidate. An EVM is designed with two units: the control unit and the balloting unit. These units are joined together by a cable. The control unit of the EVM is kept with the presiding officer or the polling officer. The balloting unit is kept within the voting compartment for electors to cast their votes. This is done to ensure that the polling officer verifies your identity.

With the EVM, instead of issuing a ballot paper, the polling officer will press the Ballot Button which enables the voter to cast their vote. A list of candidates names and/or symbols will be available on the machine with a blue button next to it. The voter can press the button next to the candidate’s name they wish to vote for.

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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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