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[EVM-VVPAT Case] SC Dismissed PIL of Sikh Chamber Over Lack of Voter Secrecy

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 The Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, dismissed the petition, stating that it failed to establish a valid case. The justices pointed out that their recent judgment has already addressed most of the concerns related to EVMs and VVPAT. They emphasized that polling officers are not capable of identifying the voter’s choice through VVPAT slips. 

NEW DELHI: Today (17th May): The Supreme Court of India dismissed a Public Interest Litigation (PIL) petition filed by Agnostos Theos, Managing Director of the Sikh Chamber of Commerce. The petition raised concerns over the lack of voter secrecy in Indian elections, particularly focusing on the Voter F0F4F7 slips that are generated after a voter casts their vote.

However, the court, consisting of Justices Sanjiv Khanna and Dipankar Datta, deemed that the petitioner failed to present a compelling case, asserting that their recent judgment has already addressed most of the concerns surrounding Electronic Voting Machines (EVMs) and VVPAT.

Justice Datta questioned,

“How could the polling officer possibly identify who the voter slips belonged to?”

Justice Khanna added,

“You haven’t read our judgment. A polling officer cannot even know who voted for whom.”

Background:

Agnostos Theos, in his capacity as the Managing Director of the Sikh Chamber of Commerce, filed a PIL petition highlighting the issue of voter secrecy in Indian elections. The petitioner argued that polling officers have the ability to view the VVPAT slips, which compromises the confidentiality of votes. Additionally, the petitioner raised concerns about the storage of voter data, positing that it could be accessed and used to identify individual voters.

However, the Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, dismissed the petition, stating that it failed to establish a valid case. The justices pointed out that their recent judgment has already addressed most of the concerns related to EVMs and VVPAT. They emphasized that polling officers are not capable of identifying the voter’s choice through VVPAT slips.

Similarly, The plea, which sought to enhance the scrutiny of VVPAT slips, was brought before a bench comprising Justices BR Gavai and Sandeep Mehta. It aimed to increase the number of EVMs verified with VVPAT slips in each assembly segment during Lok Sabha elections, which currently stands at only five.

On April 26, a similar plea was rejected by another Supreme Court bench led by Justices Sanjiv Khanna and Dipankar Datta. The bench defended the reliability of EVM voting and rejected any move to revert to the paper ballot system. This earlier verdict was in response to three separate petitions that collectively sought a comprehensive tally of VVPAT slips with EVM votes to ensure electoral transparency.

One petitioner had demanded that each EVM vote be verified against a corresponding VVPAT slip to affirm the accuracy of the voting process. Furthermore, another significant plea by the Association for Democratic Reforms (ADR) argued for the necessity of tallying VVPAT slips with EVM votes, emphasizing the right of citizens to have their votes “counted as recorded” and “recorded as cast.”

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