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2017 Supreme(SC) 1819
SUPREME COURT OF INDIA
JAGDISH SINGH KHEHAR, CJI., ADARSH KUMAR GOEL, D.Y. CHANDRACHUD, JJ.
M/S. RESHMA VITHALBHAI PATEL - PETITIONERS
MANOHAR LAL SHARMA
ATATUR REHMAN
BAHUJAN SAMAJ PARTY NATIONAL TREASURER
VS.
UNION OF INDIA & ORS. - RESPONDENTS
ELECTION COMMISSION OF INDIA & ANR.
UNION OF INDIA & ORS.
SPECIAL LEAVE PETITION (C)NO.13598 OF 2017
AND
WRIT PETITION (CRL.) NO.41 OF 2017
WITH
WRIT PETITION (C) NO.209 OF 2017
WITH
WRIT PETITION (C) NO.225 OF 2017
Decided on : 09-08-2017
The commitment to 100% coverage of VVPATs in all future elections and the sanctioning of funds for VVPAT units influenced the court's decision to dispose of the cases without further adjudication.
Headnote:
Election Commission of India - VVPAT Coverage - The Election Commission of India committed to 100% coverage of VVPATs in all future elections, and the Government of India sanctioned funds for the purchase of VVPAT units, leaving no doubt that all future elections will be held using VVPAT.
Fact of the Case:
The Election Commission of India acknowledged that all prayers made in the petitions stand fulfilled and satisfied, and the Government of India sanctioned funds for the purchase of VVPAT units for future elections.
Finding of the Court:
The court found that the present matters did not require further adjudication as the Election Commission of India's commitment to 100% VVPAT coverage and the Government of India's sanctioning of funds left no doubt that all future elections would be held using VVPAT.
Issues: The issues were whether the Election Commission of India would ensure 100% coverage of VVPATs in all future elections and whether the Government of India had sanctioned funds for the purchase of VVPAT units.
Ratio Decidendi: The commitment of the Election Commission of India to 100% VVPAT coverage and the Government of India's sanctioning of funds for VVPAT units influenced the court's decision to dispose of the cases without further adjudication.
Final Decision: All the cases were disposed of in terms of the counter affidavit filed by the Election Commission of India, duly supported by the Government of India.
ORDER :
1. In the counter affidavit filed on behalf of the Election Commission of India, it is sought to be asserted as under :
“4.10 Thereafter, pursuant to release of the requisite funds by the Government of India on 19.04.2017, the Election Commission of India published a Status Paper on EVMs and VVPATs on its website dated 09.05.2017, wherein inter-alia, the commitment to 100% coverage of VVPATs in all future elections was reiterated.
Thereafter, an all Political Parties meet was conducted by the Election Commission of India on 12.05.2017, which was attended by 07 National Parties and 35 State Parties, wherein the Election Commission of India informed the political parties present that it would ensure 100% coverage of VVPATs in all future elections to the Parliament and State Assembly Elections, and that VVPATs slips of a percentage of EVMs (to be determined by the Election Commission of India) would be counted.
Thereafter, after the conclusion of the EVM challenge on 03.06.2017, the Election Commission of India issued a Press Note on 03.06.2017 itself, wherein it reiterated its commitment to hold all future elections mandatorily with VVPATs.”
2. The above statement of the Election Commission of India contained in the counter affidavit acknowledges, that all prayers made in the group of petitions, stand fulfilled and satisfied. It is also apparent, that the Government of India has sanctioned funds for the purchase of the VVPAT Units, needed during the course of the elections, which are to take place in the immediate future. The position expressed leaves no room for any doubt, that all future elections will be held by using VVPAT. The above stance is reiterated during the course of hearing by the learned counsel representing the Election commission of India.
3. In view of the above, we are of the considered view, that the present bunch of matters does not require any further adjudication at our hands. All the cases clubbed together, are accordingly disposed of in terms of the counter affidavit filed by the Election Commission of India, duly supported by the Government of India.
