ASSOCIATION FOR DEMOCRATIC REFORMS versus ELECTION COMMISSION OF INDIA AND ANOTHER

ASSOCIATION FOR DEMOCRATIC REFORMS versus ELECTION COMMISSION OF INDIA AND ANOTHER

The writ petitions were disposed of on the merits: the Court rejected directions to revert to paper ballots, to hand VVPAT slips to voters, or to mandate 100% VVPAT counting, holding that the EVM-VVPAT system as operated with its technical and administrative safeguards satisfies voters’ rights and that the petitions, grounded in suspicion without cogent material, were not a basis to override existing procedures; to strengthen confidence, the Court directed sealing and retention of symbol-loading units post-01.05.2024 and permitted verification of burnt memory/microcontrollers in 5% of EVMs per assembly constituency/segment on specified written requests by trailing candidates within 7...

Parties
Petitioner: Association For Democratic Reforms; Respondent: Election Commission of India
Jurisdiction
India
Judgment Date
26 April 2024
Procedural Posture
Writ Petition (civil) Under Article 32 / Judgment/disposed
Outcome
Writ petitions disposed of
Legal Topics
Electronic Voting Machines (evms), VVPAT, Conduct of Election Rules, 1961, Rule 49 M, Rule 56 D, Writ Jurisdiction, Res Judicata, Free and Fair Elections
Elections Electoral Process Constitutional Law Administrative Law Technology Electronic Voting Machines (evms) VVPAT Conduct of Election Rules, 1961 +5 more

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Parties

Association For Democratic Reforms

Petitioner

Election Commission of India

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Judgment/disposed

Legal Issues

  1. 1 Whether Court should direct re-introduction of paper ballot system
  2. 2 Whether VVPAT printed slip should be given to voter to verify and put in ballot box
  3. 3 Whether 100% counting of VVPAT slips should be directed

Ratio Decidendi

The writ petitions were disposed of on the merits: the Court rejected directions to revert to paper ballots, to hand VVPAT slips to voters, or to mandate 100% VVPAT counting, holding that the EVM-VVPAT system as operated with its technical and administrative safeguards satisfies voters’ rights and that the petitions, grounded in suspicion without cogent material, were not a basis to override existing procedures; to strengthen confidence, the Court directed sealing and retention of symbol-loading units post-01.05.2024 and permitted verification of burnt memory/microcontrollers in 5% of EVMs per assembly constituency/segment on specified written requests by trailing candidates within 7...

Court Disposition

Writ petitions disposed of

Orders

  • Writ petitions and pending applications disposed of
  • On completion of symbol loading process in VVPATs undertaken on or after 01.05.2024, symbol loading units shall be sealed, candidates/representatives shall sign the seal, and sealed containers shall be kept in the strong room with EVMs for at least 45 days post declaration of results and shall be opened/examined as...