“Don’t Try To Bring Down System”: Supreme Court In Vote Cross-Check Case

New Delhi:

Listening to petitions looking for cross-verification of votes solid on Digital Voting Machines (EVM) with paper slips generated via the VVPAT system, the Supreme Courtroom at this time pointed to issues with the key poll voting technique.

“We’re in our 60s. Everyone knows what occurred when there have been poll papers, you might have, however now we have not forgotten,” Justice Sanjiv Khanna instructed Prashant Bhushan, counsel for one of many petitioners, Affiliation for Democratic Reforms. Mr Bhushan was arguing how most European international locations that had opted for voting via EVMs have returned to the paper ballots.

“We are able to return to paper ballots. Another choice is to provide VVPAT slip to the voters in hand. In any other case, the slips fall into the machine and the slip might be then given to the voter and it may be put into the poll field. Then the VVPAT design was modified, it needed to be clear glass, however it was modified to darkish opaque mirror glass the place it is just seen when the sunshine is on for second seconds,” he stated.

When Mr Bhushan cited Germany’s instance, Justice Dipankar Datta requested what’s Germany’s inhabitants. Mr Bhushan replied that it’s round 6 crore, whereas India has 50-60 crore voters.

“Ninety-seven crore is the whole variety of registered voters. Everyone knows what occurred when there have been poll papers,” Justice Khanna stated.

When Senior Advocate Sanjay Hegde, counsel for one of many petitioners, stated votes solid on EVMs needs to be tallied with VVPAT slips, Justice Khanna replied, “Sure, 60 crore VVPAT slips needs to be counted. Proper?”

The choose stated human interventions “result in issues and human weak spot might be there, which incorporates biases as nicely”. “Machine usually with out human intervention gives you correct outcomes. Sure, the issue arises when there’s human intervention or (a human) makes unauthorised modifications when they’re across the software program or machine, when you have any suggestion to avert this, you then can provide us that,” he stated.

Mr Bhushan then learn out a analysis paper on the potential of EVMs being tampered. “They’re solely counting 5 VVPAT machines per meeting when there are 200 such machines, that is 5 per cent solely and there might be no justification on this. The seven-second gentle may result in manipulation. The voter might be allowed to take the VVPAT slip and put it into the poll field,” he stated.

Senior Advocate Gopal Sankaranarayan, showing for one of many petitioners, stated, “I undertake every little thing that Mr Bhushan says. We aren’t saying that there’s any malice. Solely challenge is that of the boldness of the voter within the vote he has solid.”

The courtroom then requested the Election Fee of India concerning the technique of voting, the storage of EVMs and counting of votes. Justice Khanna famous that there isn’t any provision for strict punishment for tampering with EVMs. “That is severe. There needs to be concern of punishment,” he stated.

Justice Dipankar Datta requested the petitioners’ counsel to not evaluate the Indian election with voting in overseas international locations. “My house state West Bengal’s inhabitants is greater than that of Germany. We have to belief somebody. Do not attempt to carry down the system like this. Do not cite such examples. European examples do not work right here,” he stated.

What Is VVPAT and What Is The Case

The VVPAT — Voter Verified Paper Audit Path — allows a voter to see if the vote was solid correctly and went to the candidate he/she helps. The VVPAT generates a paper slip that’s saved in a sealed cowl and might be opened if there’s a dispute. Amid the Opposition’s questions and apprehensions relating to the EVM system of voting, the petitions name for cross-verification of each vote.

The petitions have been filed by the Affiliation for Democratic Reforms (ADR) and activist Arun Kumar Agarwal. Mr Agarwal has sought the counting of all VVPAT slips. The ADR’s petition seeks the courtroom’s route to the Election Fee and the Centre to make sure that voters are in a position to confirm via VVPATs that their vote has been “counted as recorded”. The petition says that the requirement of voters verifying that their votes have been “recorded as solid” is considerably met when the VVPAT slip is displayed for about seven seconds after urgent the button on the EVM via a clear window.

“Nevertheless, there’s a full vacuum in legislation because the ECI has offered no process for the voter to confirm that her vote has been ‘counted as recorded’ which is an indispensable a part of voter verifiability. The failure of the ECI to supply for a similar is within the tooth of purport and object of the instructions issued by this Courtroom in… Subramanian Swamy versus Election Fee of India (2013 verdict),” the plea stated.