Supreme Court Dismisses Plea for Review of Order That Turned Down PIL on Voter Secrecy Violation

The Supreme Court has dismissed a plea to review its previous order rejecting a PIL on voter secrecy violation, finding no substantial grounds for reconsideration. The bench, including Justices Sanjiv Khanna and Dipankar Datta, upheld the earlier decision.

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Supreme Court Dismisses Plea for Review of Order That Turned Down PIL on Voter Secrecy Violation

NEW DELHI: The Supreme Court has dismissed a plea seeking a review of its previous order that rejected a Public Interest Litigation (PIL) alleging the violation of voter secrecy within the current electoral system. The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, concluded that no substantial grounds existed for a review of the earlier decision.

“After a thorough examination of the review petition and its supporting grounds, we find that there is no basis for reviewing the order dated May 17, 2024. Therefore, the review petition is dismissed.”

-stated the bench.

This decision also included the denial of a request for an open court hearing of the review petition.

The original plea was brought forth by Agnostos Theos, the Managing Director of the Sikh Chamber of Commerce. Theos’s PIL had raised concerns that the existing electoral system, specifically through the use of Voter Verified Paper Audit Trail (VVPAT) slips and Electronic Voting Machines (EVMs), compromised voter secrecy. He asserted that a polling officer could view the VVPAT slips and the data stored in the polling device, thus identifying which voter cast their vote for which party.

“From the VVPAT slips and the data in the EVMs, the presiding officer can determine which voter cast their vote for which party.”

-Theos had claimed in his petition.

This assertion aimed to highlight potential vulnerabilities in maintaining the confidentiality of voter choices.

However, the Supreme Court had earlier dismissed these concerns. On April 26, it deemed the suspicion over the manipulation of EVMs as “unfounded” and turned down the demand for a return to the old paper ballot system. The court had affirmed that the current polling devices are “secure” and serve to eliminate issues such as booth capturing and bogus voting. The court’s stance was clear in its confidence in the security measures and the integrity of the electronic voting system.

In this context, the latest decision by the Supreme Court reiterates its position that the current electoral processes, including the use of VVPAT and EVMs, do not violate voter secrecy. The bench’s detailed review and dismissal of the petition underscore the judiciary’s trust in the existing system’s ability to uphold democratic principles and maintain the confidentiality of individual votes.

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author

Joyeeta Roy

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

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