Back
SUPREME COURT OF INDIA
Ranjan Gogoi, CJI., Deepak Gupta, Sanjiv Khanna, JJ.
N. Chandrababu Naidu & Ors. - Appellants
Versus
Union Of India & Anr. - Respondents
Writ Petition (C) No. 273 of 2019
Decided On : 08-04-2019
VVPAT Verification - Election Commission Guidelines - Rule 56D of the Conduct of Elections Rules, 1961 - The court directed the Election Commission to increase the number of EVMs subjected to VVPAT paper trail verification from 1 to 5 per Assembly Constituency or Assembly Segment in a Parliamentary Constituency, in order to ensure greater satisfaction and accuracy of election results.
Fact of the Case:
The petitioners, representing 21 political parties, sought an increase in the percentage of verification of VVPAT paper trails to at least 50% of the EVMs to be used in the forthcoming elections. The Election Commission of India contended that the current verification process was sufficient and increasing the percentage would cause delays in declaring election results.
Finding of the Court:
The Court acknowledged the integrity of the current system but emphasized the need to increase the number of machines subjected to VVPAT paper trail verification to generate greater satisfaction and accuracy of election results. The Court directed the Election Commission to increase the number of EVMs subjected to VVPAT paper trail verification from 1 to 5 per Assembly Constituency or Assembly Segment in a Parliamentary Constituency.
Issues: The main issue was whether the current percentage of VVPAT paper trail verification was sufficient to ensure the integrity and accuracy of election results, and whether increasing the percentage would cause delays in declaring election results.
Ratio Decidendi: The Court's decision was based on the need to balance the integrity and accuracy of election results with the practical considerations of manpower and infrastructure. The Court found that increasing the number of EVMs subjected to VVPAT paper trail verification to 5 per Assembly Constituency or Assembly Segment in a Parliamentary Constituency would address the concerns raised by the petitioners without causing substantial delays in declaring election results.
Final Decision: The Court directed the Election Commission to increase the number of EVMs subjected to VVPAT paper trail verification from 1 to 5 per Assembly Constituency or Assembly Segment in a Parliamentary Constituency. The writ petitions were closed accordingly.
ORDER
Writ Petition (C) No. 273/2019:
1. This writ petition has been filed seeking the following reliefs:
"A. Issue a writ of mandamus or any other appropriate writ, order or direction thereby quashing and setting aside Guideline No.16.6 of the Manual on Electronic Voting Machine and VVPAT as framed and issued by the Election Commission of India; and
B. Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing that minimum of 50% randomized VVPAT paper slip verification of EVM shall be conducted in every General and Bye Election in each Assembly Segment of a Parliamentary Constituency, in case of Election to the House of the People; and in each Assembly Constituency, in case of an election to a State Legislative Assembly; and
C. Pass such other order or direction as it deems fit in the facts of the present case and in the interest of justice."
2. Guideline No. 16.6 of the Manual on Electronic Voting Machine and VVPAT in respect of which the first prayer has been made would require to be specifically noticed to appreciate the issues involved in the writ petition. We, therefore, deem it appropriate to extract Guideline No. 16.6, which reads as follows:
"16.6. Mandatory Verification of VVPAT Paper Slips:
Mandatory verification of VVPAT paper slips of randomly selected 01 (one) polling station shall be conducted in all future General and Bye Elections to the House of the People and State Legislative Assemblies, in addition to the provisions of Rule 56D of the Conduct of Elections Rules, 1961, after the completion of the last round of counting of votes recorded in the EVMs, as under:
a) In case of General and Bye elections to State legislative Assemblies, verification of VVPAT paper slips of randomly selected 01 (one) polling station per Assembly Constituency.
b) In case of General and Bye elections to the House of the People, verification of VVPAT paper slips of randomly selected 01 (one) polling station of each Assembly Segment of the Parliamentary Constituency concerned.
For this mandatory verification of VVPAT paper slips, the following procedure shall be followed.
16.6.1. The verification of VVPAT paper slips of randomly selected 01 (one) polling station for each Assembly Constituency/Segment shall be taken up after the completion of the last round of counting of votes recorded in the EVMs.
16.6.2. The random selection of 01 (one) polling station per Assembly Constituency/Segment shall be done by Draw of lots, by the Returning Officer concerned, in the presence of candidates/their agents and the General Observer appointed by the Commission for that Constituency.
16.6.3. The draw of lots must be conducted immediately after the completion of the last round of counting of votes recorded in the EVMs (Control Units) in the designated Counting Hall for the particular Assembly Constituency/Assembly Segment.
16.6.4. A written intimation regarding the conduct of draw of lots for the random selection of 01 (one) polling station for verification of VVPAT Slips shall be given by the Returning Officer to the Candidates/their election agents well in advance.
16.6.5. The following procedure shall be followed for the conduct of draw of lots:
a) White colour paper cards of postcard size shall be used for conducting the draw of lots.
b) Total number of such paper cards should be equal to total number of polling stations in the Assembly Constituency.
c) The paper cards shall have pre-printed Assembly Constituency/ Assembly Segment number, AC/AS name and date of polling on the top, and the polling station number in the centre. Each digit of the polling station number shall be atleast 1" x 1"(1 inch by 1 inch) size and printed in black ink.
d) The paper cards to be used for draw of lots should be four-folded in such a way that polling station number is not visible.
e) Each paper card shall be shown to the candidates/their agents before folding and dropping in the container.
f) The paper cards shall be kept in the
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
