SC refuses to entertain plea seeking direction to ECI to stop using EVMs in forthcoming polls
Jan 06, 2021
New Delhi [India], January 6 : The Supreme Court on Wednesday refused to entertain a plea seeking direction to the Election Commission of India to stop the use of Electronic Voting Machine (EVM) and use ballot papers in forthcoming elections.
A Bench headed by Chief Justice of India SA Bobde asked the petitioner-advocate CR Jaya Sukin to the High Court.
During the hearing, the Chief Justice asked the petitioner, "what is the question of fundamental right here? How is it violated?"
Sukin contended that voting right is a fundamental right. To this the Bench replied, "since when has voting become a fundamental right?"
The petition said that EVMs must be replaced across India with traditional ballot papers and voting through ballot papers is a more reliable and transparent method for the electoral process of any country.
To save democracy, we must introduce the ballot paper system back in the electoral process in the country, the plea has contended.
It has pointed out that EVMs have replaced the old ballot paper system in India, although many countries of the world; including England, France, Germany, Netherlands, and the United States have banned the use of EVMs.
That Article 324 of the Constitution of India that elections conducted by Election commission need free and fair, and reflect the will of the voters, plea stated.
"That developed countries like the US, Japan, Germany, and others have rejected EVMs during elections, and have chosen the ballot system of voting. This should indicate that EVMs are not satisfactory instruments to be used for the electoral process of a country. EVMs can be hacked. But the ballot system extremely safe," the petition has said.
Pointing out the limitations of EVMs, the plea said that EVMs can easily be hacked, the complete profile of a voter can be accessed through EVMs, they can be used to manage the results of an election, they can easily be tampered by an election official, and even the election software of an EVM can be changed.
It has added, "Television channels and print media have time and again questioned the use of EVMs in different states across the country. Experts have alleged that EVMs are not satisfactory for the electoral process of the country."
After the completion of voting through EVMs, no one can register a complaint, on the other hand, ballot papers can provide the option to lodge a complaint for verification, the petition has further said.
