SC refuses Congress' plea for counting of VVPAT slips in Gujarat


New Delhi, Dec 15 (PTI): The Supreme Court today refused to entertain a plea of the Gujarat Congress seeking counting of at least 20 per cent of the paper trail slips manually along with votes cast in the EVMs in each constituency of the state.

It said that the court cannot interfere unless the Election Commission of India's decision to restrict the EVM- VVPAT paper trail to one booth per constituency is proved "arbitrary", "illegal" or "malafide".

A bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud permitted petitioner Mohammad Arif Rajput, a Gujarat Congress leader, to withdraw his plea but granted liberty to file a comprehensive petition later seeking election reforms.

The apex court said that a debate on polls reforms can only take place after the election process in the state is over.

Senior advocate Abhishek Manu Singhvi, appearing for Rajput, said that the counting of the slips of the voter verifiable paper audit trail (VVPAT) machines along with the votes cast in the electronic voting machines (EVM) count in at least 20 per cent of the booths of each constituency would reassure the people about the fairness of the polls.

The bench then questioned the locus standi of the petitioner and asked Singhvi who he was representing.

The counsel replied that he was a secretary of the main opposition party Congress in Gujarat.

The bench told Singhvi that his client had approached it in his personal capacity and he should have let the party take a bold stand and approach the court.

Singhvi said, "I am an officer bearer of the party in the state."

The court told the counsel that a candidate has every right to question the vote count before the returning officer.

"This court can't interfere unless the Election Commission's decision for a random check pf the EVM-VVPAT paper trail in one booth per constituency is proved arbitrary, illegal or malafide. We cannot discredit the Election Commission's decision without cogent material," it said.

After the top court said that it cannot override the EC's complete discretion to conduct the polls, Singhvi scaled down his demand saying that counting of paper trails in at least ten per cent of the booths per constituency should take place.

The bench said that it had recently rejected a petition challenging the discretionary power of a returning officer under 56(D)(2) of the Conduct of Elections Rules, 1961, which confers discretionary power on the returning officer to refuse counting of the VVPAT.

Singhvi again said that counting of the paper trail in a sufficient number will reassure the people about the fairness of the elections through the EVMs.

The court then permitted the petitioner to withdraw his plea but granted liberty to approach it with a comprehensive petition on electoral reforms which could be connected with the VVPAT issue.

  

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Comment on this article

  • Declan, Mumbai

    Sat, Dec 16 2017

    Only EVM wave from now on. No more Modi wave except on Times Now, News X and Repulic.

    DisAgree [2] Agree [5] Reply Report Abuse

  • Declan, Mumbai

    Sat, Dec 16 2017

    The latest news is that the EC has not yet confirmed whether they will merge with the BJP party . At the moment they will only give outside support.

    DisAgree [2] Agree [6] Reply Report Abuse

  • C.T. Thomas, Nandalike

    Sat, Dec 16 2017

    The Exit Poll EVMs are hacked too.Comeon grow up now ! Leave gujarat , leave Himachal they are both gone now. Next Stop Karnataka??? Learn to admit failures.Learn to admit you have a leadership problem.India is growing too well without congress.Nobody is going to miss you.Learn to admit this too.
    For now Congress should work on getting Rahul Gandhi married,or else there will be no sucessor to head it in future.Leave elections,you cant win.Be there in opposition.Its a good job too.

    DisAgree [4] Agree [5] Reply Report Abuse

  • N.M, Mangalore

    Sat, Dec 16 2017

    There is something fishy going on here. The Chief Election commissioner A.K Joti was the principal secretary of Modi when he was the C.M of Gujarat. The EC is spineless as is an extension of BRasht Jumla Party.

    DisAgree [2] Agree [7] Reply Report Abuse

  • Mohammed, Bajpe/Riyadh

    Fri, Dec 15 2017

    The Gujarati minorties too have voted for Modi. Esp after the Triple Talaq ban. Most of the muslim wemen have voted for their brother Modi. Hence this thumping victory.

    DisAgree [3] Agree [3] Reply Report Abuse

  • SMR, Karkala

    Fri, Dec 15 2017

    The EVM machine has two units: Control Unit and Ballot Unit. Control Unit is the computer which has its CPU built inside the Microchip Controller (MCU) and the Ballot Unit is the key board. Put simply, the MCU is the brain of the EVM. The software called the Machine Code, when written over the MCU decides all its functionalities. As a security measure for EVMs’ Source Code, this MCU after getting coded is fused or burnt so that the Machine Code can never be read back and duplicated or modified.
    One of the manufacturers of EVM Micro-Controller is The Microchip Inc, USA. It is headed by an NRI Billionaire Steve Sanghi, who hails from Haryana and has a B.Sc degree in Electronics and Communication from Punjab University. The President and CEO of the same company is another NRI, Ganesh Moorthy, who holds a B.Sc. degree in physics from the University of Bombay.
    An RTI query stated on May 29 that 10,05,662 ballot units (BU) and 9,28,049 control units (CU) were manufactured by BEL under Ministry of Defence and 10,14,644 BUs and 9,34,031 CUs were manufactured by ECIL under the Department of Atomic Energy, the petitioner has stated that this figure does not tally with the information provided by ECIL.
    The ECIL has responded saying that it had manufactured 13,70,391 BUs and 11,31,399 CUs. So, in fact, it had manufactured 1,97,368 more units of CUs and 3,55,747 more units of BUs than those disclosed by the EC.
    1.‘What is happening with the extra machines?’
    2. Why there is no investigation on 70 EVM stolen in BJP ruled state?
    3. Why the EC doesn’t say is that the programme code, which is written in binary language, can be read and tinkered by the microchip manufacturing companies? These manufacturing companies abroad can tinker with the programme in order to suit the interests of a certain political party.
    4. Do the Supreme court want to kill 'DEMOCRACY OF INDIA'?
    5.What is purpose having VVPAT if can't be audited?
    6.How does 10% of the machine goes malfunction at same time?
    JH

    DisAgree [2] Agree [4] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Dec 15 2017

    Supreme Court cannot be Bought ...

    DisAgree [1] Agree [8] Reply Report Abuse

  • Lewis, Udupi

    Sat, Dec 16 2017

    Money can make anyone dance.. hope you know that

    DisAgree [2] Agree [5] Reply Report Abuse

  • Sampath, India

    Fri, Dec 15 2017

    Rahul Hatao ..evm bachao...

    DisAgree [10] Agree [4] Reply Report Abuse

  • David Pais, Mangalore

    Fri, Dec 15 2017

    bharat bachavo chaiwala aur every vote 2 modi e.v.m. hatavo.

    DisAgree [2] Agree [6] Reply Report Abuse

  • Valerian Dsouza, Udupi/Mumbai

    Fri, Dec 15 2017

    We should note statements in the verdict.
    Hon. SC's said Petitioner has approached in his personal capacity. INC as a party should take a bold stand and approach the court!

    DisAgree [3] Agree [11] Reply Report Abuse

  • mahesh, Mangalore

    Sat, Dec 16 2017

    Bold approach yes. But with what proof?
    they will be laughed out at court.

    DisAgree [2] Agree Reply Report Abuse

  • JK, Udupi

    Fri, Dec 15 2017

    Congress should realize soon, their problem is not EVM, dynasty leadership. People are not trusting fake Gandhi family leadership in India.

    DisAgree [21] Agree [18] Reply Report Abuse

  • Langoolacharya., Belman/Wash DC.

    Fri, Dec 15 2017

    People,

    More you try to hide...more people will suspect the integrity...here SC is taking refuge in technicality...

    If EVMs are not tampered, then what difference it makes if EVM-VVPAT paper trail is counted???...transparency is always better in everything...

    EC is retiring place for Babus...we cannot expect any good and bold decisions from them...

    CONgress people are not 'Satya Harishchandra's'...they were doing same thing when they were in power...now they are reaping fruits of what they sowed earlier...Modiis administering them their own medicine...

    ...JH...

    DisAgree [8] Agree [10] Reply Report Abuse

  • mahesh, Mangalore

    Fri, Dec 15 2017

    Oh no, even EVM excuse will not work now.
    What else to blame now?
    Blame everything else except pappu.

    DisAgree [13] Agree [11] Reply Report Abuse

  • Vijay, Goa

    Fri, Dec 15 2017

    Feku bribed all SC JUDGES to support bjp in Gujarati verdict

    DisAgree [13] Agree [19] Reply Report Abuse

  • Swamy, Mangalore

    Fri, Dec 15 2017

    This is not happening in a democratic country. Congress should be more aggressive and shun its old lathargic attitude. Eventually SC has to hear this plea because nothing is above SC. Congress has all the proof and evidence then why this self goal by congress?????.....

    DisAgree [8] Agree [23] Reply Report Abuse

  • Vijay Benedict, Mangalore

    Fri, Dec 15 2017

    Swamy, its not self goal by Cong. Its a outright rejection of Dyanstic Politics by the gen public. Its a people's mandate. Indians are more educated and well aware of whats happening. You cannot pretend to be inclined to Islam in UP and then be a Shivbakth in Gujarat after a couple of months. Hope you have got the message.

    DisAgree [1] Agree [7] Reply Report Abuse


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Title: SC refuses Congress' plea for counting of VVPAT slips in Gujarat



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