Supreme Court questions frequent challenges to EVMs, rejects urgency in ongoing petition

The Supreme Court has voiced strong concerns regarding the recurrent petitions challenging the use of Electronic Voting Machines (EVMs). During a hearing related to the matter of "Association for Democratic Reforms vs. Election Commission of India [WPC No. 434/2023]," the Hon'ble Court questioned the need for repetitive inquiries into this issue.

Justice Sanjiv Khanna, presiding over the case, remarked on the frequency of such petitions and expressed skepticism about their intentions. He noted that issues surrounding EVMs continue to resurface, even though similar cases are filed annually. Justice Khanna stated, "ECI has filed a detailed counter-affidavit. Mr. Prashant Bhushan, how many times will this issue be raised? Every 6-8 months, this issue is freshly raised."

Justice Khanna also mentioned that he had thoroughly reviewed the counter-affidavit submitted by the Election Commission of India (ECI) and found no immediate urgency to expedite the case. Despite Mr. Prashant Bhushan, Advocate for the Petitioner, insisting on listing the matter for further examination in two weeks, the request was denied, as Justice Khanna emphasized the comprehensive nature of the ECI's counter-affidavit.

As a result, the petitioner has been granted one week's time to submit a rejoinder, with the case scheduled to be revisited in November.

This development comes in the wake of previous instances where various High Courts had dismissed petitions challenging the integrity of EVMs, categorizing them as "Publicity Interest Litigations" rather than Public Interest Litigations (PILs). The Delhi High Court, for example, recently reaffirmed its confidence in the robust and transparent First Level Checking (FLC) process and rejected a petition by the Delhi Pradesh Congress Committee related to EVMs and VVPATs for the upcoming 2024 Lok Sabha Elections. The court criticized the DPCC for abstaining from participating in the FLC process and subsequently questioning its integrity, highlighting that such actions do not reflect positively on the petitioner.

In its affidavit, the Election Commission of India (ECI) asserted that the current petition is yet another attempt to cast doubt on the functionality of EVMs/VVPATs, based on vague and unsubstantiated claims. The ECI emphasized that similar petitions are anticipated in the lead-up to the 2024 Lok Sabha Elections, with a purported intent to create a false narrative around EVMs and undermine voters' confidence in their integrity.

The ECI's submission underscored the importance of faithfully translating the people's will into election results, citing the consistent and accurate reflection of mandates by EVMs over the years. The Constitutional Courts, in over twenty-five cases before the Supreme and High Courts, have consistently upheld the use and integrity of EVMs in Indian elections.

Since the introduction of EVMs in the electoral system in 2004, numerous political parties have won elections, showcasing the voters' trust in the technology. The ECI reaffirmed its commitment to transparent and secure elections while rejecting the petitioner's call for 100% VVPAT verification, stating that it would be a regressive step. Manual counting of paper slips is costly, prone to errors, and may lead to manipulation of results.