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Swamy v. Election Commission

Judgment

Question Presented: Are current EVMs up to international standards? Is a paper trail/receipt necessary in electronic voting?

Alleged Acts: The petitioner argued the EVMs at present do not meet international standards and are open to hacking. They also do not include a paper trial to record a vote in the EVM.

Procedural history: The petitioner petitioned the Division Bench of the High Court of Delhi at New Delhi for a writ of mandamus towards the ECI. The High Court disposed of the petition, which the petitioner is appealing to the Supreme Court.

Summary: The petitioner, a MP, brought this suit against the ECI arguing that EVMs should have a paper trail/backup safeguard, as is common practice in other countries.The court agreed and held that the “paper trail is an indispensable requirement of free and fair elections. The confidence of the voters in the EVMs can be achieved only with the introduction of the “paper trail”. EVMs with VVPAT system ensure the accuracy of the voting system.”

Conclusion: The ECI and other stakeholders found that the VVPAT system is the best option, to which the Court agreed. The Court allowed the ECI to introduce paper trails through VVPAT system gradually given the million polling booths they have to deal with.

Legal Issue(s)

Language of Decision

Geolocation

Latitude: 28.78511016681805

Longitude: 77.33957630956225