SUPREME COURT TRUST ON EVM Supreme Court upholds trust in EVMs, refuses to hear plea to use ballot paper in elections
Mumbai , Dt. 15 : The country's Supreme Court, again responding to the faith in EVMs , today dismissed two writ petitions on suspicion of missing more than 19 lakh EVMs and the use of ballot paper for conducting elections. While ruling on the 19 lakh missing EVM petition , the court termed such suspicions and allegations as completely baseless and disposed of the matter in favor of the Election Commission of India. The petitioner-INCP expressed apprehensions that the 19 lakh EVMs that went missing from the custody of the Election Commission of India during 2016-19 could have been used to rig the upcoming Lok Sabha general elections , 2024.
Refusing to hear another petition seeking to set aside Section 61A of the Representation of the People Act , 1951 and conduct elections using ballot paper, Justice Khanna observed that more than 10 cases have been examined on various issues related to the functioning of EVMs. The court has always shown faith in the functioning of EVMs while rejecting petitions from time to time.
Over the past decade and in nearly 40 judgments , the Supreme Court has maintained its faith and belief in the Election Commission of India's EVMs and the transparent process and rigorous administrative functioning in this connection , thus adding value and strength to the justice delivered in favor of EVMs in the country.
The latest judgments of the Supreme Court further add to the strong and growing image of the orders of the Supreme Court and High Courts , which have examined various EVM cases and ruled in favor of the Election Commission of India. In a recent case (Madhya Pradesh Jan Vikas Paksha vs Election Commission of India , Special Leave Petition (Civil) 16870/2022 , September , 2022) , the Hon'ble Supreme Court has imposed a fine of Rs.50,000 on the applicant. The petitioner observed that EVMs have been in use in the country for decades , but the issues raised have been eroded from time to time. The Delhi High Court had also imposed a fine of Rs.10,000 on a similar petition (C.R. Jaya Sukin v. Election Commission of India and others , Writ Petition (Civil) 6635/2021 , August 2021). In which the applicant had mentioned to stop the use of EVMs and use EVMs instead of paper ballots in all the upcoming elections.
Earlier , the Delhi High Court had dismissed a plea by the Delhi Pradesh Congress Committee seeking to end the ongoing First Level Verification (FLC) process for Electronic Voting Machines (EVMs) and VVPATs to be used in the upcoming Lok Sabha elections .
The NCR court , in its judgement , emphasized the robustness and transparency of the existing procedure and dismissed the claims of the petitioners. The Election Commission of India has always been at the fore in providing information on EVM related procedures and security measures in public media in the form of publications like EVM Manual , Status Paper , EVM Presentation , Progress Book on 40 Years of EVM Journey , Legal History of EVM and continuously updated EVM Questionnaire.
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