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the bye-election from 51-Noksen (ST) Assembly Constituency in the State of Nagaland. Instructions were issued to hold special meetings with the contesting candidates in that constituency to brief them about the use of VVPAT system. The ECI also organized special training sessions for poll officers for the use of VVPAT and steps were taken to educate the electors for the same. 26) After various hearings, when the matter was heard on 4.10.2013, an affidavit dated 01.10.2013 filed on behalf of the ECI was placed before this Court. The said affidavit was filed to place on record the performance/result of the introduction of the VVPAT system in the bye-election from 51-Noksen (ST) Assembly Constituency of Nagaland for which the poll was conducted on 04.09.2013 indicating the future course of action to be decided by the ECI on the basis of said performance. By this affidavit, it was brought to our notice that since VVPAT system was being used for the first time, the ECI has decided that intensive training shall be given to the polling officers. Members of the Technical Experts Committee of the ECI also went to supervise training and the 15 Page 15

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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)

Electronic Voting

Applicable Law(s): Constitution- Article 19(1)(a)

Region: Asia-Pacific

Country: India

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Oct 8, 2013

Geolocation

Latitude: 28.78511016681805

Longitude: 77.33957630956225

: Geolocation

Primary Documents

India- Swamy v. Election Commission.pdf
English
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Election Judgments - IFES

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Swamy v. Election Commission

Primary Documents

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