DR. SUBRAMANIAN SWAMY versus ELECTION COMMISSION OF INDIA

DR. SUBRAMANIAN SWAMY versus ELECTION COMMISSION OF INDIA

The Supreme Court held that the 'paper trail' (VVPAT) system is indispensable for free and fair elections and must be introduced with EVMs to ensure transparency and voter confidence; ECI is permitted to introduce the system in gradual stages, and Government must provide financial assistance for procurement of VVPAT units.

Parties
Appellant/petitioner in Person: Dr. Subramanian Swamy; Respondent: Election Commission of India; Writ Petitioner: Rajendra Satyanarayan Gilda; Respondent: Union of India; Respondent: Chief Election Commissioner; Respondent: Technical Experts Committee
Jurisdiction
India
Judgment Date
08 October 2013
Procedural Posture
Civil Appeal and Writ Petition (civil) / Disposition After Hearing Appeal and Writ Petition
Outcome
Appeal and writ petition disposed of with directions
Legal Topics
Electronic Voting Machines, Voter Verifiable Paper Audit Trail (vvpat), Conduct of Elections, Free and Fair Elections, Transparency in Voting, Verification of Vote
Election Law Electronic Voting Machines Voter Verifiable Paper Audit Trail (vvpat) Conduct of Elections Free and Fair Elections Transparency in Voting Verification of Vote

Case Brief

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Parties

Dr. Subramanian Swamy

Appellant/petitioner in Person

Election Commission of India

Respondent

Rajendra Satyanarayan Gilda

Writ Petitioner

Union of India

Respondent

Chief Election Commissioner

Respondent

Technical Experts Committee

Respondent

Procedural Posture

Civil Appeal and Writ Petition (civil) / Disposition After Hearing Appeal and Writ Petition

Legal Issues

  1. 1 Whether 'paper trail' or Voter Verifiable Paper Audit Trail (VVPAT) system should be incorporated with Electronic Voting Machines (EVMs) to ensure free and fair elections and voter confidence.
  2. 2 Whether amendments to the Conduct of Election Rules, 1961 are necessary to enable implementation of the VVPAT system.

Ratio Decidendi

The Supreme Court held that the 'paper trail' (VVPAT) system is indispensable for free and fair elections and must be introduced with EVMs to ensure transparency and voter confidence; ECI is permitted to introduce the system in gradual stages, and Government must provide financial assistance for procurement of VVPAT units.

Court Disposition

Appeal and writ petition disposed of with directions

Orders

  • ECI permitted to introduce VVPAT with EVMs in gradual, phased manner in general elections.
  • Area, state or booths for implementation to be decided by ECI.