Supreme Court Verdict on VVPAT EVM Case: 2 Major Directions on EVMs and Symbol Units

The Calcutta High Court has rejected the plea to revert to paper ballots, emphasizing the need to trust the electronic voting system. Justices Dipankar Datta and Sanjiv Khanna underlined that blindly distrusting the system can lead to unwarranted suspicions. The court specified that the sealed containers containing the VVPATs (Voter Verified Paper Audit Trail) would be stored alongside the EVMs for at least 45 days following the declaration of election results. The request for verification, which can be made by candidates placing second and third in the election, must be submitted within seven days of the results.

The court also noted that the expenses for this verification must be borne by the candidate, with a refund provided if the EVM is found to have been tampered with. Currently, VVPAT slips of five randomly selected EVMs in every Assembly segment are verified to ensure the accuracy of the results. The court explained the process of VVPAT verification, where a slip is printed containing the candidate’s details and then stored in a sealed box. In case of alleged discrepancies, the paper slips can be cross-checked against the electronically recorded votes to validate the result.

During the hearings, the Election Commission explained the technical aspects of the EVMs and VVPAT machines. It highlighted that each major component of the EVM has its own microchip and clarified that EVMs are standalone machines not connected to any external devices or networks. The court reiterated that there is “absolutely no chance of programming EVMs to select a particular candidate or party.” The court clarified its role, stating that it is not the controlling authority for elections and cannot dictate the functioning of the poll body, a constitutional authority.

Responding to concerns raised by Advocate Prashant Bhushan, the court emphasized that it cannot change the thought process of individuals predisposed to suspicion. Overall, the court’s decision reinforces the importance of trusting the electronic voting system and highlights the rigorous verification processes in place to ensure the integrity of election results.