The Supreme Court has dismissed a review petition challenging its decision to reject the plea for tallying VVPAT slips with EVM votes, reaffirming its previous judgment. Justices Sanjiv Khanna and Dipankar Datta found no substantial reason to reconsider the April 26, 2024 ruling.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court has dismissed a review petition challenging its recent decision to reject a plea for tallying every Voter Verifiable Paper Audit Trail (VVPAT) slip with votes cast through Electronic Voting Machines (EVMs). This decision comes as a reaffirmation of the Court’s stance on the electoral process in India.
A division bench comprising Justices Sanjiv Khanna and Dipankar Datta concluded that there was no substantial reason to reconsider its judgment dated April 26, 2024.
The bench stated-
“We have thoroughly examined the review petition and its supporting grounds. We find no basis for reviewing the judgment dated April 26, 2024. Therefore, the review petition is dismissed.”
The review plea, filed by petitioner Arun Kumar Agarwal, argued that the April 26 judgment contained significant errors and misjudgments.
Agarwal contended-
“It is inaccurate to claim that tallying EVM votes with VVPAT slips will cause unreasonable delays or double the required manpower. Current CCTV surveillance in counting halls will prevent manipulation and misconduct during VVPAT slip counting.”
Previously, on April 26, the Supreme Court had dismissed the plea for tallying all VVPAT slips with EVM votes. The Court also rejected suggestions to revert to a paper ballot-based system, emphasizing the importance of maintaining trust in the existing electronic voting system. The Court highlighted the necessity of fostering a culture of trust and collaboration to strengthen democracy while dismissing the plea.
ALSO READ: SC To Hear Tallying EVM Votes with VVPAT Slips
Despite rejecting the plea, the Court directed the Election Commission of India (ECI) and other relevant authorities to implement certain measures to enhance confidence in EVMs. These directives included:
- Upon completion of the symbol loading process, the symbol loading units (SLUs) should be sealed, and the sealed container should be kept in strong rooms for 45 days.
- All candidates should have the option to be present during verification. The district election officer should certify the authenticity of the burnt memory.
- The burnt memory in the micro-controller unit should be checked by a team of engineers.
Agarwal, however, argued in his review plea that these measures were insufficient.
He stated-
“The entire discussion on the SLU fails to acknowledge its vulnerability and the need for auditing. The Hon’ble Court overlooked the possibility that the SLU data could contain additional bytes beyond just the necessary images.”
Additionally, Agarwal pointed out that the April 26 judgment incorrectly noted that currently, 5 percent of the VVPAT slips are tallied with votes cast, whereas in practice, only 1.97 percent of VVPAT slips are tallied with EVM votes. This discrepancy, according to the petitioner, underscores the need for a more comprehensive and transparent tallying process to ensure electoral integrity.
