Persistent doubts on EVMs can create distrust: SC

Rejecting a batch of petitions seeking mandatory cross-verification of the votes cast with Voter-Verifiable Paper Audit Trail (VVPAT) slips, the Supreme Court on Friday said that raising repeated and persistent doubts on Electronic Voting Machines (EVMs), may create distrust and can reduce citizen participation and confidence in elections.

In his verdict, Justice Sanjiv Khanna said, “The suspicion that the EVMs can be configured or manipulated for repeated or wrong recording of vote(s) to favour a particular candidate should be rejected.”

“We acknowledge the right of voters to question the working of EVMs. However, it is also necessary to exercise care and caution when we raise aspersions on the integrity of the electoral process.

“Repeated 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 democracy.”

He 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 over-ridden by baroque contemplations and speculation.

Further, Justice Khanna took note of the statement made by ECI officials that the symbol loading process – where a bitmap file of the serial number, name of the candidate and the symbol is uploaded – cannot be equated with the uploading of the software.

“The symbol loading process undertaken by using the symbol loading unit cannot alter or modify the programme/firmware in the VVPAT which has been burnt/loaded in the memory,” he said.

The apex court said that while it acknowledges 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 box.

It added that giving physical access to VVPAT slips to voters is “problematic and impractical”, and will lead to misuse, malpractices and disputes.

Saying that the weakness of the ballot paper system is well-known and documented, it rejected the submission to return to the ballot paper system as “foible and unsound.”

“We 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 votes.

“EVMs 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 challenges.

“Finally, they provide administrative convenience by expediting the counting process and minimising errors,” the SC said.

Association 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, and/or there should be 100 per cent counting of the VVPAT slips in addition to electronic counting by the control unit.

The 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 counted.

Justice Dipankar Datta – who authored a separate opinion, but “whole-heartedly” concurred with Justice Khanna’s verdict – said that the prayer to revert to the “paper ballot system” 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 electorate.

“I 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 inexplicable,” Justice Datta said.

Further, 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 “there seems to be a concerted effort to discredit, diminish, and weaken the progress of this great nation on every possible frontier.” In conclusion, Justice Datta said that the petitioners’ 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 cast.