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S.K.SETH, VIJAY KUMAR SHUKLA
Amitabh Gupta – Appellant
Versus
Election Commission of India – Respondent
Vijay Kumar Shukla, J.
1. The petitioner who is a practicing lawyer, has filed the present petition, pro bono public seeking a direction to the respondents to count all VVPAT (Voter Verifiable Paper Audit Trail) slips along with the counting of votes through EVMs (Electronic Voting Machine) in the ongoing State Assembly elections.
2. The petitioner has stated that the respondent No.1, Election Commission of India has conducted polling in the State Assembly Election 2018 by use of EVMs fitted with a VVPAT which is an independent system attached with EVMs that allows the voters to verify that their votes are cast as intended. Though the petitioner has highlighted certain incidents viz. failure of CCTV camera and delay in discharge of VVPATs and lack of sufficient security in respect of polled/unused EVMs and VVPATs, but he confined his prayer in the present writ petition for direction to the respondents to count all votes polled in the State Assembly Election 2018 with the VVPATs through EVMs, because the issue regarding alleged tempering of EVMs and VVPATs and lack of sufficient security to the aforesaid machines, has already been considered by this Court in the case of Nare
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