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Supreme Court Dismisses Appeal On EVM-VVPAT Transparency: 'Issue Already Settled'

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The plea, filed in the case Hans Raj vs Election Commission of India, challenged a High Court verdict, demanding changes to the current vote counting procedures

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Voting through EVM during an election | Representative Image
Voting through EVM during an election | Representative Image

The Supreme Court on Monday dismissed an appeal challenging the vote-counting process adopted by the Election Commission of India, stating that the matter concerning Electronic Voting Machines (EVM)-based counting has already been resolved.

The plea, filed in the case Hans Raj vs Election Commission of India, challenged a High Court verdict, demanding changes to the current vote counting procedures, specifically regarding the use of EVMs and Voter Verifiable Paper Audit Trails (VVPATs).

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The petitioner alleged a lack of transparency in the existing mechanism and sought the court’s intervention to ensure fairer electoral processes.

While responding, a bench headed by Chief Justice Sanjiv Khanna, refused to entertain the appeal, saying: “We have already decided it. We cannot get into this again and again."

Apex Court’s Last Verdict

The Supreme Court had earlier upheld the credibility of EVMs and dismissed concerns over their integrity, maintaining that the ECI’s vote-counting protocols were “sufficient and transparent."

In April 2024, ahead of the Lok Sabha elections, the Supreme Court dismissed a plea by the Association for Democratic Reforms (ADR) seeking 100 per cent verification of votes cast through EVMs using Voter Verified Paper Audit Trail (VVPAT) slips.

The bench, comprising then Justices Sanjiv Khanna and Dipankar Datta, stated that indiscriminately questioning the electoral process could lead to unwarranted scepticism and hinder progress. ​

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Meanwhile, the ECI maintained that the current vote-counting system, which includes the use of EVMs and VVPATs, ensures free and fair elections.

The Commission noted that the existing protocol of randomly verifying VVPAT slips from five polling stations per assembly constituency strikes a balance between “transparency and efficiency."​

EVMs, used in elections for swift and accurate vote recording and counting, enable voters to cast their vote by pressing a button next to their preferred candidate’s symbol, which is then stored electronically.

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To enhance transparency, the system is backed by a Voter Verified Paper Audit Trail (VVPAT), which prints a slip confirming the vote. EVMs are standalone devices, not connected to the internet or any network, making them secure.

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