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Satya Prakash
Tribune News Service
New Delhi, December 15
Ahead of the December 18 counting of votes for the just concluded Gujarat Assembly elections, the SC today 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 per cent polling booths.
A three-judge Bench headed by Chief Justice Dipak Misra said it could not replace the EC’s 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 EC 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 HC’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.
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