[EVM-VVPAT Case] Review Petition Filed Against SC’s Order Passed on April 26th

Minakshi Bindhani

2 years ago

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Today (13th May) A review petition has been filed challenging the Supreme Court’s decision to reject the plea for EVM-VVPAT tallying. The petitioner argues that the court’s judgment contains apparent mistakes and errors

[EVM-VVPAT Case] Review Petition Filed Against SC Judgement Passed on April 26th

NEW DELHI: Today (13th May): A review petition has been filed challenging the recent decision of the Supreme Court regarding the rejection of a plea to tally Voter Verifiable Paper Audit Trail (VVPAT) slips with votes cast through Electronic Voting Machines (EVMs).

Arun Kumar Agarwal, the petitioner, argues that the court’s judgment contains apparent mistakes and errors.

A review petition has been filed questioning the correctness of the Supreme Court’s recent decision to dismiss a plea seeking the tallying of Voter Verifiable Paper Audit Trail (VVPAT) slips with votes recorded through Electronic Voting Machines (EVMs). Arun Kumar Agarwal, the petitioner, argues that the court’s April 26 judgment contains visible mistakes and errors.

“The assertion that tallying EVM votes with VVPAT slips will cause unreasonable delay or require double the manpower is incorrect. The existing CCTV surveillance of counting halls will prevent manipulation and mischief during VVPAT slip counting,” reads the review petition.

However, the Supreme Court directed the Election Commission of India (ECI) and other authorities to undertake certain measures aimed at bolstering confidence in EVMs. These measures include the following:

Symbol Loading Process: After the completion of the symbol loading process, the symbol loading units (SLUs) will be sealed and kept in the strong rooms for 45 days.
Candidate Presence: All candidates will have the option to be present during the verification process. The district election officer will certify the authenticity of the burnt memory.
Memory Verification: A team of engineers will check the burnt memory in the micro-controller unit.

In the review petition, Agarwal contends that the security measures mentioned are insufficient.

“The discussion on the SLU overlooks its vulnerability and the need for auditing,” the plea asserts.Additionally, it criticizes the April 26 judgment for inaccurately stating the percentage of VVPAT slips tallied with votes cast.

The petitioner highlights that only 1.97 per cent of VVPAT slips are presently matched with EVM votes, contrary to the judgment’s claim of 5 per cent. The application emphasizes the inherent vulnerability of electronic voting machines, pointing out their susceptibility to tampering by insiders such as designers and technicians.

Advocate Neha Rathi has filed the review application.

Background

On April 29th, The Supreme Court of India decided against accepting a new petition that called for a more comprehensive verification of Voter Verifiable Paper Trail (VVPAT) slips against votes cast through Electronic Voting Machines (EVMs).

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.”

On April 1, the Supreme Court of India requested the Election Commission of India (ECI) to respond to a plea aiming for a comprehensive count of Voter-Verifiable Paper Audit Trail (VVPAT) slips during elections.

Currently, VVPAT verification only covers votes recorded in 5 randomly chosen Electronic Voting Machines (EVMs) per assembly segment.

The petitioner advocates for matching every EVM vote with its corresponding VVPAT slip and allowing voters to physically deposit VVPAT slips in a ballot box to ensure accurate ballot counting.

The plea, filed by lawyer and activist Arun Kumar Agrawal, challenges the Election Commission’s guideline of conducting sequential VVPAT verification, which leads to unnecessary delays.

The argument made in the plea suggests that if simultaneous verification is carried out and more officers are deployed for counting in every assembly constituency, it would allow for thorough VVPAT verification to be completed within 5-6 hours.

The plea stated,

“Furthermore, the petitioner aims to annul and revoke Guideline No. 14.7(h) of the Manual on Electronic Voting Machine and VVPAT dated August, 2023, as formulated and issued by the Election Commission of India, specifically concerning its provision for solely sequential verification of VVPAT slips, which leads to unwarranted delays in the tallying of all VVPAT slips.”

In May 2019, the Court rejected a petition filed by some technocrats who requested VVPAT verification for all EVMs.

Last July, the Supreme Court commented that some Public interest litigations (PILs) regarding election procedures in the country overly questioned the integrity of the election process. The Court considering a petition by the Association for Democratic Reforms to match VVPAT slips with votes cast via EVMs.

Case Title: Arun Kumar Agarwal vs Election Commission of India and anr

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