Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

EVM With VVPAT Ensure Accuracy Of The Voting System; Introduction Of The ‘Paper Trail’ Is An Indispensable Requirement Of Free And Fair Elections: Supreme Court Upholds Use Of EVMs, Dismisses Plea For 100% VVPAT Tally

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India, on April 26, 2024, delivered a landmark judgment regarding the reliability and transparency of Electronic Voting Machines (EVM) and Voter Verifiable Paper Audit Trails (VVPAT), used in the electoral process. The judgment came in response to multiple petitions challenging the integrity of EVMs and seeking directives for either reverting to paper ballots or mandating 100% tallying of VVPAT slips with EVM results.

The petitions argued that EVMs, potentially susceptible to tampering, compromise the transparency of elections, thereby undermining voter confidence. Specific reliefs sought included a return to paper ballots, the issuance of VVPAT slips to voters for verification, and 100% counting of VVPAT slips to guarantee accurate reflection of votes cast in election results.

 

The Court detailed the technological safeguards and legislative endorsements that fortify the use of EVMs and VVPATs. Notably, it referred to previous judgments affirming the EVMs’ robustness against tampering threats and the constitutional and statutory support for their deployment in elections.

Emphasizing the constitutional role of the ECI, the Court highlighted its duty to conduct free, fair, and transparent elections. The judgment underscored the various protocols and safety measures implemented by the ECI to ensure the integrity of the electoral process.

The Court cited several past decisions where challenges to EVMs were robustly dismissed. It reiterated the Supreme Court’s stance in Subramanian Swamy v. Election Commission of India, which introduced VVPAT to enhance transparency and voter confidence.

The Court addressed the impracticality and lack of necessity for 100% VVPAT slip verification, noting the extensive validation processes that EVMs undergo before, during, and after elections, which include random VVPAT slip verification as per established protocols.

The Supreme Court dismissed the petitions, reiterating that the EVMs, when used in conjunction with VVPATs, offer a reliable, secure, and transparent method for conducting elections. It highlighted that the calls for a return to paper ballots or for exhaustive VVPAT tallying lacked substantial grounding in technological reality or necessity.

Directions Issued Further enhancing the trust in India’s electoral system, the Court issued specific directions aimed at increasing transparency:

EVMs and VVPATs are to be securely stored and their integrity verified post-election upon candidates' requests.

Continuous improvement measures and technological updates are encouraged to ensure the system remains robust against evolving threats.

Date of Decision: April 26, 2024.

Association for Democratic Reforms v. Election Commission of India & Anr.,

Latest Legal News