Repeated and persistent doubts on EVMs can create mistrust: Supreme Court

In his verdict Justice Sanjiv Khanna said ldquoThe suspicion that the EVMs can be configured or manipulated for repeated or wrong recording of votes to favour a particular candidate should be rejectedrdquoldquoWe acknowledge the right of voters to question the working of EVMs which are but an electronic device that has a direct impact on election results However it is also necessary to exercise care and caution when we raise aspersions on the integrity of the electoral processldquoRepeated and persistent doubts and despair even without supporting evidence can have the contrarian impact of creating distrust This can reduce citizen participation and confidence in elections essential for a healthy and robust democracyrdquoHe added that the credibility of the Election Commission of India ECI and integrity of the electoral process earned over the years cannot be chaffed and overridden by baroque contemplations and speculationFurther Justice Khanna took note of the statement made by ECI officials that the symbol loading process ndash where a bitmap file of the serial number name of the candidate and the symbol is uploaded ndash cannot be equated with the uploading of the softwareldquoThe symbol loading process undertaken by using the symbol loading unit cannot alter or modify the programmefirmware in the VVPAT which has been burntloaded in the memoryrdquo he saidThe apex court said that while it acknowledge the fundamental right of voters to ensure their vote is accurately recorded and counted the same cannot be equated with the right to 100 per cent counting of VVPAT slips or a right to physical access to the VVPAT slips which the voter should be permitted to put in the drop boxIt added that giving physical access to VVPAT slips to voters is ldquoproblematic and impracticalrdquo and will lead to misuse malpractices and disputesSaying that the weakness of the ballot paper system is wellknown and documented it rejected the submission to return to the ballot paper system as ldquofoible and unsoundrdquoAlso Read Uddhavled Shiv Sena UBT candidate booked for holding padayatra in SanglildquoWe would be undoing electoral reforms by directing reintroduction of the ballot papers EVMs offer significant advantages They have effectively eliminated booth capturing by restricting the rate of vote casting to four votes per minute thereby prolonging the time needed and thus check insertion of bogus votesldquoEVMs have eliminated invalid votes which were a major issue with paper ballots and had often sparked disputes during the counting process Furthermore EVMs reduce paper usage and alleviate logistical challengesldquoFinally they provide administrative convenience by expediting the counting process and minimising errorsrdquo the SC saidAssociation for Democratic Reforms one of the petitioners sought directions to return to the paper ballot system or that the VVPAT slip be given to the voter to verify and put in the ballot box for counting andor there should be 100 per cent counting of the VVPAT slips in addition to electronic counting by the control unitThe PIL litigants contended that there exists a possibility of manipulating the EVMs and therefore the apex court should step in to instill confidence in the voters as they have the right to know that their franchise has been correctly recorded and countedJustice Dipankar Datta ndash who authored a separate opinion but ldquowholeheartedlyrdquo concurred with Justice Khannarsquos verdict ndash said that the prayer to revert to the ldquopaper ballot systemrdquo reveals the real intention of the petitioning association to discredit the system of voting through the EVMs and thereby derail the electoral process that is underway by creating unnecessary doubts in the minds of the electorateldquoI have serious doubts as regards the bona fides of the petitioning association when it seeks a reversion to the old order Irrespective of the fact that in the past efforts of the petitioning association in bringing about electoral reforms have borne fruit the suggestion put forth appeared inexplicablerdquo Justice Datta saidFurther he said that in recent years a trend has been fast developing of certain vested interest groups endeavouring to undermine the achievements and accomplishments of the nation earned through the hard work and dedication of its sincere workforce adding that ldquothere seems to be a concerted effort to discredit diminish and weaken the progress of this great nation on every possible frontierrdquoAlso Read Lok Sabha Elections 2024 Another BJD MLA joins BJP ahead of polls in OdishaIn conclusion Justice Datta said that the petitionersrsquo apprehensions were misplaced and they have neither been able to demonstrate how the use of EVMs in elections violates the principle of free and fair elections nor have they been able to establish a fundamental right to 100 per cent VVPAT slips tallying with the votes castIn April 2019 the Supreme Court ordered the ECI to increase the VVPAT slips from one EVM per Assembly constituency to fiveIt had issued guidelines for mandatory verification of VVPAT slips out of five randomlyselected polling stations after completing the final round of counting votes recorded in EVMsThe latest verdict declined to modify the aforesaid directions to increase the number of VVPAT undergoing slip counting for several reasonsldquoFirst it will increase the time for counting and delay the declaration of results The manpower required would have to be doubled Manual counting is prone to human errors and may lead to deliberate mischief Manual intervention in counting can also create multiple charges of manipulation of results Further the data and the results do not indicate any need to increase the number of VVPAT units subjected to manual countingrdquo the apex court reasonedJustice Khanna passed two directions not because the top court had any doubt but to only further strengthen the integrity of the election processFirst all Symbol Loading Units SLUs will be sealed on or after May 1 on completion of the symbol loading process and will be kept in the strong room at least for 45 days post declaration of resultsldquoThe candidates or representatives shall sign the seal The containers containing SLUs shall be kept in strong rooms along with EVMs at least for a period of 45 days post declaration of results They shall be opened examined and dealt with as in the case of EVMsrdquo the apex court saidSecond the burnt memory or microcontroller in 5 per cent of the EVMs per Assembly segment of a parliamentary constituency will be checked and verified by a team of engineers from EVM manufacturers post announcement of results on a written request made by candidates securing second and thirdhighest votesldquoAll candidates or their representatives shall have the option to remain present at the time of verification Such a request should be made within a period of seven days from the date of the declaration of resultshellipThe actual cost or expenses for the said verification will be notified by the ECI and the candidates making the said request will make payment of said expenses Expenses will be refunded in case EVM is found to be tamperedrdquo ordered the Supreme CourtIt said that the district Election Officer in consultation with the team of engineers will certify the authenticity and intactness of the burnt memory or the microcontrollerThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever