HC blow to AAP, rejects plea to use VVPAT EVMs in Delhi MCD elections

The court rejected the petition saying no such direction can be issued at the "eleventh hour" as it could amount to "stalling the elections".

By: PTI | New Delhi | Published:April 21, 2017 7:47 pm
evm, vvpat, evm machine, evm tampering, gujarat elections evm, himachal pradesh elections evm, paper trail voting, india news, indian express news, latest news vvpat, vvpat machines, paper trail machines, cabinet vvpat, evm tampering row, evms, india news, latest news, indian express

In a blow to the Aam Aadmi Party (AAP), the Delhi High Court on Friday dismissed its plea for using paper trail electronic voting machines (EVMs) in the municipal polls scheduled for April 23. Justice A K Pathak rejected the petition, also filed by AAP candidate Mohd Tahir Hussain contesting in the MCD polls from east Delhi, saying no such direction can be issued at the “eleventh hour” as it could amount to “stalling the elections”.

The court did not say anything in its order regarding the merits or demerits of using the current EVMs which the petitioners said were obsolete and open to tampering. During the arguments, the court had asked the state election commission (SEC) of Delhi why it did not opt for new generation paper trail EVMs in view of the Supreme Court’s observation in Subramanian Swamy’s case that such machines should be brought into use in a phased manner.

The SEC, represented by advocate Sumeet Pushkarna, had opposed the plea arguing that huge expenditure was required to acquire the machines and that procurement of about 13,000 VVPATs was being considered. VVPAT or voter-verified paper audit trail is a machine attached to Generation 2 or 3 EVMs which shows in whose favour a vote has been cast when a voter presses a button of his/her choice on the voting machine.

The petitioners had sought directions to the Delhi SEC and the Election Commission of India to use VVPAT enabled Generation 2 or 3 EVMs in the MCD polls. The SEC had opposed the plea also on the ground that the aspersions raised by the AAP on the use of the older model-one EVMs in the MCD polls sends a wrong message to the voters.

It also contended that the VVPATs cannot be procured and used at such short notice as the poll results are to be declared on April 26 and a new house of MCD has to be put in place by April 30. The SEC also said the petitioners did not show any material that the model-one EVMs were open to tampering and it was only an apprehension they had.

Pushkarna also contended that the ECI had allowed the Delhi SEC to borrow the EVMs from Rajasthan and Delhi only. The petitioners, on the other hand, had contended that even the apex court had noted that model one EVMs were open to tampering and therefore, VVPAT attached EVMs were the only answer for free and fair elections.

They had also claimed that there were around 15,000 VVPAT machines available with the ECI which were sufficient for the conduct of the municipal election.

For all the latest Cities News, download Indian Express App

  1. M
    Manbodh Sahoo
    Apr 22, 2017 at 11:10 pm
    supreme court guide line is necessary for country . corruption in election can not be tolerated . a voter must confirm whom he / she caste vote . without proper arrangement why change of pattern of election .
    Reply
    1. K
      KP Pillai
      Apr 22, 2017 at 6:41 am
      Put a question even to a KG cl kid, as to - Name the most hated politician in India - The Kid will say, Kejriwal. Ask again, who is the most hated CM in India - Answer will be Kejriwal. India has seen, how an educated bureaucrat became a stupid in politics. He should keep the sandal of Modi at his home and place his head on it everyday after bath, so that, he will be blessed to become good, as anti ted by Anna Hazare.
      Reply
      1. A
        Atul Sharma
        Apr 22, 2017 at 2:40 am
        Come on. Let us think ahead. Stop thinking like Shri AK. His charges are baseless. We are a developing country. Let us not think back. Look ahead. Compare our country to other developed countries.
        Reply
        1. V
          Vijay
          Apr 22, 2017 at 4:56 am
          Mr. Even developed countries are not using the EVM .... It's been proved they can be tampered.
          Reply
          1. J
            Junior_butcher
            Apr 22, 2017 at 5:11 am
            nobody captures polling booth either in those countries
            1. K
              KP Pillai
              Apr 22, 2017 at 6:47 am
              Why not proving it, if all the EVMs and the election officials are under the control of BJP ? Ridiculous allegations and wasting the country's 3.5 crores for new machines, just for the politicians. People like Lalu always want ballot paper; so that, 'counting' will be quick !! They need to count only the boxes with round figures.
          2. P
            Pawan Kumar
            Apr 22, 2017 at 1:07 am
            Need for everyone should be for preserving democracy which is being fla on one account or other This is like non stopping of fire first rather questioning how it happenef
            Reply
            1. S
              Syed Muniruddin
              Apr 21, 2017 at 11:38 pm
              The court has put Kejriwal in a win-win position. If with the old machines he wins - he is a winner. If he loses, his original claim of TAMPERING with the EVM's will stand.
              Reply
              1. M
                Mohan
                Apr 22, 2017 at 12:08 am
                Yes a dumbo will remain a dumbo -- with or without printer
                Reply
              2. D
                Dash
                Apr 21, 2017 at 11:30 pm
                Corrupt AAP will be decimated in MCD polls. Every survey makes it clear. BJP will get more than 200 seats & khujliwaal will blame EVMs. We will punish Kejri on 23rd.
                Reply
                1. R
                  rkannan
                  Apr 21, 2017 at 11:22 pm
                  What is the blow to AAP ? the elections will be held as scheduled and the results will determine whether AAP has a blow or not.
                  Reply
                  1. D
                    Dash
                    Apr 21, 2017 at 11:07 pm
                    Corrupt AAP will be decimated in MCD polls. Every survey makes it clear. BJP will get more than 200 seats & khujliwaal will blame EVMs. We will punish Kejri on 23rd.
                    Reply
                    1. C
                      change user
                      Apr 21, 2017 at 11:22 pm
                      Haha realy ....10 years of corruption you can't see
                      Reply
                    2. Load More Comments