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Supreme Court of India 2024-04-26 dismissed

ASSOCIATION FOR DEMOCRATIC REFORMS vs ELECTION COMMISSION OF INDIA AND ANOTHER

Bench: 2 — Sanjiv Khanna, Dipankar Datta

In Brief

This case concerns petitions challenging the use of Electronic Voting Machines (EVMs) in Indian elections, arguing they are vulnerable to manipulation and requesting 100% verification of VVPAT (paper audit trail) slips and a return to paper ballots. The Supreme Court dismissed the petitions, holding that EVMs with multiple safeguards ensure electoral integrity and that voters' right to accurate vote recording does not extend to 100% physical verification. The Court rejected mere suspicion as insufficient grounds for writ petitions, finding no credible evidence of EVM tampering despite empirical data from 40+ crore VVPAT verifications. It affirmed that VVPAT verification of 5% of machines, combined with existing procedural checks, adequately protects voters' interests. The Court issued two directions to strengthen public confidence: sealing symbol-loading units for 45 days post-results and permitting candidates ranked 2nd/3rd to request verification of 5% of EVMs' burnt memory at their own cost.

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Electoral Law Constitutional Law Election Commission Electronic Voting Machines Voter Rights Right to Information Judicial Review Administrative Law

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