No 100% verification of EVM-VVPATs, says Supreme Court: ‘Blindly distrusting poll process…’

The Supreme Court on Friday affirmed the credibility of Electronic Voting Machines (EVMs) and their integration with VVPATs, dismissing all petitions seeking 100 per cent verification of votes cast on Electronic Voting Machines (EVMs) through the Verifiable Paper Audit Trials (VVPAT) method. The top court also rejected a return to ballot paper system for voting, saying “blindly distrusting poll process can lead to unwarranted suspicion.”

A bench of Justices Sanjiv Khanna and Dipankar Datta pronounced two separate but concurring judgments on the matter even as the polling for the second phase of Lok Sabha Elections 2024 is underway.

Referring to the conclusion of the judgments, Justice Khanna said that the prayers for reverting to ballot paper voting, complete EVM-VVPAT verification, giving VVPAT slips to voters to put them in the ballot box have been rejected. "We have rejected all of them, after referring to the protocol in place, technical aspects and data which is on record," Justice Khanna said.

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He said the Bench has given two directions, “One is the completion of the symbol loading process, and the Symbol Loading Unit should be stored at least for a period of 45 days.”

Second, the burnt memory in the microcontroller EVM shall be checked by a team of engineers after the declaration of results on a request by candidates in serial numbers 2 and 3. Such a request is to be made within 7 days after the declaration of results.

"The burnt memory semicontroller in 5% of the EVMs that is the Control Unit, Ballot Unit, and the VVPAT per assembly constituency per parliamentary constituency shall be checked and verified by a team of engineers from the manufacturers of the EVM post the announcement of results on a written request by candidates 2 and 3," Justice Khanna said according to Live Law.

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He added that the expenses for verification would be borne by the candidates making the request. However, if the EVM is found to be tampered with, the expenses will be refunded.

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Further Justice Khanna said that after the completion of the symbol loading process in the EVM on or after May 1, 2024, the SLU (Symbol loading units) would get sealed and stored in containers. The candidates and representatives will have to sign those sealed containers which will be kept in store rooms along with EVMs at least for 45 days after the declaration of the results.