SC declines Cong leader’s plea seeking 25% vote count via VVPAT in Gujarat

New Delhi, December 15

The Supreme Court on Friday declined to entertain a plea by the Gujarat Pradesh Congress Committee seeking direction to the Election Commission to count votes through paper trail (VVPAT) attached to the EVMs in 20 per cent of the polling booths in Gujarat.

Satya Prakash

Tribune News Service

New Delhi, December 15

Ahead of the December 18 counting of votes in the just concluded Gujarat Assembly elections, the Supreme Court on Friday declined a state Congress leader’s plea for direction to the Election Commission to match paper trail of votes (VVPAT) with EVM results in 25% polling booths.

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A three-judge Bench headed by Chief Justice of India Dipak Misra said it could not replace the Election Commissions decision with its own unless some illegality was pointed out.

“We can’t substitute the decision of the Election Commission unless you demonstrate that the poll panel’s decision is either arbitrary or not in accordance with the law,” said the Bench that also included Justice AM Khanwilkar and Justice DY Chandrachud.

Voter Verifiable Paper Audit Trail (VVPAT) machines are connected with EVMs and dispense paper proof for the voters to enable them to verify and confirm that their vote was cast correctly.

On behalf of Gujarat Pradesh Congress Committee Secretary Mohammed Arif Rajput, senior advocate Abhishek Manu Singhvi contended that the Election Commission itself took a decision to match VVPAT with EVM results in one booth per constituency as it had certain apprehensions about the authenticity of EVMs.

Rajput had challenged a Gujarat High Court’s verdict refusing to give him any relief in the matter.

Singhvi said verifying EVM results of one booth per constituency made it 0.00001% of the 50,000 polling booths which was like a drop in the ocean. “We only want the court to make it 25% or 20% or even 15% will do. It will only lend credence to the entire electoral process,” he said, adding that the court could do it as the elections were already over.

The Bench, however, said the election process began with the notification and would end with the declaration of results. It cited its earlier verdicts to refuse any interference at this stage.

Justice Chandrachud pointed out that there were provisions in the Representation of People Act that entitled a candidate to seek matching of EVM result with VVPAT paper trail.

While allowing Rajput to withdraw his petition, the Bench gave him liberty to file a substantive petition in the Supreme Court seeking electoral reforms with regards to the Voter Verifiable Paper Audit Trail.

The Election Commission has consistently maintained that EVMs are tamper-proof and no one can hack these devices. But various political parties have been raising questions over its authenticity.

Deciding a PIL filed by BJP leader Subranian Swamy, the top court had earlier directed the Centre to provide financial assistance to the poll panel for the introduction of VVPAT system with EVMs to ensure “accuracy” in the voting system which could be used for manual counting of votes in case of a dispute.

“The ‘paper trail’ is an indispensable requirement of free and fair elections. The confidence of voters in the EVMs can be achieved only with the introduction of the paper trail,” the SC had said.

“EVMs with the VVPAT system ensure the accuracy of the voting system. With intent to have fullest transparency in the system and to restore the confidence of the voters, it is necessary to set up EVMs with the VVPAT system because vote is nothing but an act of expression which has immense importance in democratic system,” it had said.