SC upholds faith in EVMs, refuses to entertain petition on use of ballot papers in elections

Supreme Court on Friday dismissed two writ petitions: namely, apprehensions over 19 lakhs missing EVMs and another petition to use ballot paper to conduct elections while reposing its faith in the EVMs. Adjudicating the 19 lakh missing EVM petition, the apex court called the apprehensions and allegations completely baseless, thereby closing the matter in favour of the Election Commission of India (ECI).

The petitioner, INCP, has raised an apprehension that 19 lakh EVMs missing from ECI custody during 2016-19 may be used to manipulate the upcoming Lok Sabha General Election, 2024. While refusing to even entertain another petition regarding the conduct of elections using ballot paper by setting aside Section 61A of The Representation of the People Act, 1951, Justice Khanna observed that more than 10 cases have been examined on various issues related to the functioning of EVMs by the court time and again.

While dismissing the petition, the Court reposed its faith in the functioning of the EVMs. Over the past decades and spanning nearly 40 judgments, the highest Courts have placed their faith and conviction in ECI-EVMs and the surrounding transparent process and rigorous administrative protocols, thereby adding immense value and strength to the evolving jurisprudence in favour of EVMs in India.

The latest decisions of the Supreme Court further add to the robust and growing catena of orders of the Supreme Court and High Courts that have examined various EVM matters and have adjudicated in favour of the Election Commission of India. It may further be noted that in a recent case (Madhya Pradesh Jan Vikash Party v. Election Commission of India, Special Leave Petition (Civil) 16870/2022, September 2022), the Hon'ble SC imposed a cost of Rs 50,000 on the petitioner while observing that EVMs have been utilised in the country for decades now but periodically issues are sought to be raised.

The Delhi High Court too had imposed a cost of Rs 10,000 on one such petition (C.R. Jaya Sukin v. Election Commission of India & Ors., Writ Petition (Civil) 6635/2021, August 2021) asking to stop the use of EVMs in all forthcoming elections and to use ballot paper instead. Earlier, the High Court of Delhi had dismissed a petition by the Delhi Pradesh Congress Committee seeking termination of the ongoing First Level Checking (FLC) process for Electronic Voting Machines (EVMs) and VVPATS to be used in the forthcoming Lok Sabha Elections in the NCR.

The court, in its judgment, emphasized the robustness and transparency of the existing procedures and rejected the petitioner's claims. ECI has always been at the forefront of making information on EVM-related processes and safeguards available in the public domain in the form of publications like the EVM Manual, Status Paper, EVM Presentation, Commemorative Book on 40-year journey of EVMs, Legal History of EVMs and the continuously updated EVM FAQs.