The court docket is listening to petitions searching for cross-verification of EVM votes with VVPAT slips
New Delhi:
Listening to petitions searching for cross-verification of votes forged on Digital Voting Machines (EVM) with paper slips generated by way of the VVPAT system, the Supreme Court docket immediately 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’ll have, however we’ve not forgotten,” Justice Sanjiv Khanna advised Prashant Bhushan, counsel for one of many petitioners, Affiliation for Democratic Reforms. Mr Bhushan was arguing how most European nations that had opted for voting by way of 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 could 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 mentioned.
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 mentioned.
When Senior Advocate Sanjay Hegde, counsel for one of many petitioners, mentioned votes forged on EVMs needs to be tallied with VVPAT slips, Justice Khanna replied, “Sure, 60 crore VVPAT slips needs to be counted. Proper?”
The decide mentioned human interventions “result in issues and human weak spot could be there, which incorporates biases as effectively”. “Machine usually with out human intervention provides you with correct outcomes. Sure, the issue arises when there may be 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 may give us that,” he mentioned.
Mr Bhushan then learn out a analysis paper on the opportunity 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 could be no justification on this. The seven-second mild can even result in manipulation. The voter could be allowed to take the VVPAT slip and put it into the poll field,” he mentioned.
Senior Advocate Gopal Sankaranarayan, showing for one of many petitioners, mentioned, “I undertake the whole lot that Mr Bhushan says. We aren’t saying that there’s any malice. Solely situation is that of the arrogance of the voter within the vote he has forged.”
The court docket then requested the Election Fee of India concerning the strategy of voting, the storage of EVMs and counting of votes. Justice Khanna famous that there isn’t a provision for strict punishment for tampering with EVMs. “That is critical. There needs to be concern of punishment,” he mentioned.
Justice Dipankar Datta requested the petitioners’ counsel to not examine the Indian election with voting in overseas nations. “My residence state West Bengal’s inhabitants is greater than that of Germany. We have to belief somebody. Do not attempt to deliver down the system like this. Do not cite such examples. European examples do not work right here,” he mentioned.
What Is VVPAT and What Is The Case
The VVPAT — Voter Verified Paper Audit Path — allows a voter to see if the vote was forged correctly and went to the candidate he/she helps. The VVPAT generates a paper slip that’s saved in a sealed cowl and could be opened if there’s a dispute. Amid the Opposition’s questions and apprehensions concerning 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 court docket’s course to the Election Fee and the Centre to make sure that voters are capable of confirm by way of 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 forged” is considerably met when the VVPAT slip is displayed for about seven seconds after urgent the button on the EVM by way of a clear window.
“Nevertheless, there’s a full vacuum in legislation because the ECI has supplied 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 Court docket in… Subramanian Swamy versus Election Fee of India (2013 verdict),” the plea mentioned.
