The Evening Wrap: Supreme Court thumbs-up for EVMs, declines plea to revive paper ballot

The Supreme Court on April 26 upheld the electronic voting machine (EVM) system of polling and refused a plea to revive paper ballots, saying “blind distrust” of an institution or a system breeds unwarranted skepticism and impedes progress. A Bench of Justices Sanjiv Khanna and Dipankar Datta, in a judgment which coincides with the second phase of the general elections to the Lok Sabha, also refused petitioners’ suggestion to hand over paper slips from Voter Verifiable Paper Audit Trail (VVPAT) units to electors to take a leisurely look before inserting them into the ballot boxes. The court refused to intervene against Section 49 MA of the Conduct of Election Rules, which penalises a voter whose complaint of mismatch (of votes cast and votes counted) would attract penal proceedings initiated by poll officials under Section 177 of the Indian Penal Code for submitting false information. The Bench further declined petitioners’, NGO Association for Democratic Reforms and Arun Kumar Agarwal, argument to direct the cross-verification of 100% EVMs and VVPATs across the country. Currently, only 5% of EVM-VVPAT counts are randomly verified in any given Assembly constituency. Earlier it had been one percent, until the top court had intervened. The court suggested to the Election Commission (EC) to explore the possibility of devising an “electronic machine” to count the VVPAT paper slips. This direction may have been prompted by an affidavit submitted by the EC during the hearing of the case. The poll body had explained that it takes an hour to manually count the VVPAT slips of a single polling station. “On an average, 1,000 VVPAT slips are required to be counted per polling station… The small size and special nature of the paper makes the slips sticky. Manual counting of VVPAT slips is cumbersome at every step. The process cannot be expedited or hurried,” it had said. The EC had also given the court a human perspective of why VVPAT slips’ counting cannot be hurried up. “The overall environment in a counting centre is charged up and the counting personnel are under tremendous mental pressure. This is also a factor that affects the speed of counting of VVPAT slips,” it said. So far, the EC had said, there were 41,629 instances of random verification till date. Over four crore VVPAT paper slips had been matched till date. There was not a single instance of mismatch. The court also suggested identifying political parties with unique bar codes along with symbols. In a separate direction to the EC, the top court ordered that, from May 1, 2024, Symbol Loading Units (SLU) should be sealed and secured after the process of loading symbols into VVPATs were over. Each SLU should be sealed in a special container in the presence of the candidates or their representatives, who would affix their signatures on the seal. The containers would be stored in a strong room along with the EVMs for 45 days post the declaration of the election results. The court directed that the burnt memory of microcontrollers of 5% of EVMs, which includes that of control units, ballot units, VVPATs, in every assembly segment of a parliamentary constituency can be checked and verified by a team of engineers of the EVM manufacturers in case of any suspicion of tampering. The exercise would be initiated on a written request from candidates who have come second or third in the victor’s tally. The applicants would identify the EVM to be verified or the polling station. The application for verification should be sent within seven days of the declaration of the election results. The District Election Officer concerned, in consultation with the team of engineers, should verify the authenticity or intactness of the burnt memory of the microcontrollers of the EVMs verified. The expenses of the verification would be undertaken by the applicant candidates or their representatives. They would be refunded in case the EVMs are found tampered, the court directed. Justice Datta, in his concurring judgment, said rather than blind distrust, a “critical as well as constructive approach guided by evidence and reason should be followed to make room for meaningful inferences and to ensure that the system is credible and effective”. The court said the “voices and choices” of the electorate should be fortified through open dialogue, transparency and trust. “We hope and trust that the system shall not fail the electorate and the mandate of the voting public shall be truly reflected in the votes cast and counted,” Justice Datta observed. Supreme Court declines plea against Collegium system to protect public’s best interest The Supreme Court Registry has refused to accept a petition to end the Collegium system of judicial appointments and revive the National Judicial Appointments Commission (NJAC), seeking to “prevent needless waste of judicial time and energy”. In a six-page order, Supreme Court Registrar Puneet Sehgal explained that the Collegium system had already been upheld, while the NJAC — which gave an equal role to the government in judicial appointments — had been struck down by a Constitution Bench in October 2015. A review plea against the judgment was also subsequently dismissed in 2018. The petition filed by advocate Mathews Nedumpara only “replicated” issues which have already been put to rest, Sehgal said. “It is critical to ensure litigants do not overburden courts with matters which already stand adjudicated,” he observed in the order dated April 24. A repeat litigation was not in the public’s best interest, the order said, adding that the petition by Nedumpara was either an attempt to overreach the principles of settled law or fuelled by an “ulterior motive”. The Registrar invoked the Supreme Court Rules, 2013 in his order. “I hold that the registration of the present case was not proper and by virtue of Order XV Rule 5 of the Supreme Court Rules, 2013, I hereby decline to receive the same,” the order declared. Under this provision of the 2013 Rules, the Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter. The petitioner has 15 days to appeal to the court. The petition was filed in 2023 amidst verbal attacks against the Collegium system by then-Law Minister Kiren Rijiju. The plea argues that the Supreme Court, through its Constitution Bench judgment of October 2015, had thwarted the “will of the people” by striking down the 99th Constitutional Amendment Act which had introduced the NJAC mechanism. The petition says that the 2015 judgment should be rendered void ab initio as it had revived the Collegium system, which the petitioners called a “synonym for nepotism and favouritism”. On plea for fresh elections in places where NOTA emerges winner, Supreme Court seeks Election Commission reply The Supreme Court on April 26 asked the Election Commission of India to respond to a plea seeking fresh elections to constituencies where NOTA (none of the above) wins majority votes. “We will issue notice. Let us see what the Election Commission has to say on this plea,” Chief Justice of India D.Y. Chandrachud told petitioner-author Shiv Khera, represented by senior advocate Gopal Sankaranarayanan and advocates Shweta Mazumdar, Zeeshan Diwan and Jhanvi Dubey. The petition urged the court to direct the Election Commission (EC) to frame rules stating that candidates who poll fewer votes than NOTA should stand debarred from contesting elections for five years. The Election Commission and various State Election Commissions had introduced NOTA in electronic voting machines (EVMs) in November 2013. The impetus for the move was provided by a Supreme Court ruling the same year, directing the EC to provide NOTA in EVMs. “A provision of negative voting would be in the interest of promoting democracy as it would send clear signals to political parties and their candidates as to what the electorate thinks about them,” the court had reasoned in 2013. From 2018 onwards, several States like Maharashtra, Haryana, Delhi and Puducherry began to treat NOTA as a “fictional electoral candidate” while declaring poll results. In Maharashtra, fresh elections would be called if NOTA won maximum votes. “These State Election Commissions declared that if NOTA emerged as the winner in any election, there would be a mandatory re-poll. They categorically held that declaring the second highest candidate as winner (in case NOTA gets the highest votes), violates the underlying principle and object of NOTA,” the petition pointed out. However, the petition said the rules of these four States should be uniformly applied across the country. The NOTA choice was given to voters to convey their displeasure about the choice of candidates. Declaring the runner-up as the winner by brushing aside the identity of NOTA as a fictional electoral candidate defeats the very purpose of its existence. “Since 2013, the implementation of NOTA has not fulfilled its purpose. On the contrary, it has neither led to increased voter participation nor has compelled political parties to field good candidates,” the petition said. Election results do not even reflect the negative votes cast. The petition said the current uneven implementation of NOTA during polls fails to “honour and respect the majority will/opinion of the people expressed through NOTA”. Sunita Kejriwal to campaign for AAP, to hold roadshow in East Delhi on April 27 Delhi Chief Minister Arvind Kejriwal’s wife Sunita Kejriwal will campaign for the AAP in the Lok Sabha polls, senior party leader Atishi announced on April 26. She will begin her campaign with a roadshow in East Delhi constituency on April 27, she added. Addressing a press conference, Atishi, who is also a Minister in the Delhi government, said Sunita Kejriwal will seek votes and blessings for the Aam Aadmi Party (AAP) from the people of Delhi. “She will campaign for the party in Delhi, Punjab, Gujarat and Haryana. She will hold her first roadshow in East Delhi on Saturday and then another roadshow in West Delhi on Sunday,” Atishi said. Sunita Kejriwal is slowly emerging out of the shadows to assume a bigger role to give a fillip to the AAP’s campaigning which has been affected by the Chief Minister’s arrest in a money laundering case in March. Arvind Kejriwal’s judicial custody has been extended till May 7. The AAP, which is contesting the Lok Sabha polls in alliance with the Congress in Delhi, has fielded its candidates in East Delhi, West Delhi, South Delhi and New Delhi seats. The Congress has fielded its candidates in North East Delhi, North West Delhi and Chandni Chowk seats. Since the Chief Minister’s arrest on March 21, Sunita Kejriwal has been acting as a channel of communication between her husband and the AAP and its MLAs. She has so far held three digital media briefings mainly focused on communicating the chief minister’s messages to the people and Delhi cabinet ministers. Board exams twice a year from 2025: Ministry of Education asks CBSE to work out logistics, no plan for semesters The Ministry of Education has asked the Central Board of Secondary Education (CBSE) to work out logistics for conducting board exams twice a year from the 2025-26 academic session, according to sources. The plan for introduction of a semester system has been ruled out, they said. The Ministry and the CBSE will hold consultations with school principals next month for conducting board exams twice a year, the sources said. The CBSE is currently in the process of working out the modalities of how will the academic calendar be structured to accommodate another set of board exams without impacting the undergraduate admission schedule, they said. “The ministry has asked the CBSE to work on the logistics of how will board exams be conducted twice a year. The board is working out the modalities and a consultation will be organised next month with school principals,” a source said. “The idea being explored is to conduct two editions of the board exams at the end of the year from the 2025-26 academic session but the modalities still need to be worked out. However, there is no plan to implement the semester system,” the source added. According to the New Curriculum Framework (NCF) announced by the education ministry last year, board examinations will be held twice a year to ensure that students have enough time and opportunity to perform well and get an option to retain the best score. Poll roundup: Over 60% polling was reported in the second phase of Lok Sabha elections covering 88 seats across 13 States amid complaints of EVM glitches and bogus voting in some booths in Kerala and West Bengal. Voters in some villages of Uttar Pradesh’s Mathura, Rajasthan’s Banswara and Maharashtra’s Parbhani boycotted polls over various issues but were persuaded by authorities to cast their franchise. Polling for the second stage of the seven-phase elections started at 7 a.m. and concluded at 6 pm. Several States are experiencing intense heat conditions. Election officials said the highest voting percentage was recorded in Tripura which registered 77.53% polling till 5 p.m., while the lowest turnout was in Uttar Pradesh at 52.74%. A flying squad of election officials seized cash amounting to ₹4.8 crore from a house in Yelahanka, coming under Chikkaballapura constituency, on April 25. The officials booked a case against BJP candidate K. Sudhakar at Madanayakahalli police station. Karnataka Chief Electoral Officer posted on X that an FIR was registered under relevant sections of the Representation of People Act and that of the Indian Penal Code for bribery and undue influence on electors. According to the officials, a team of officials led by Bengaluru Urban district Nodal Officer Munish Moudgil received a call about cash meant for distribution and misuse in elections. The caller shared the GPS location of the property where the cash was allegedly kept. In Brief: A joint venture between an Indian and a Russian firm have been awarded the management of Sri Lanka’s Mattala Rajapaksa International Airport in Hambantota, the Government spokesman said on April 26. The USD 209 million facility was once dubbed the “world’s emptiest airport” due to a lack of flights. The Sri Lankan Cabinet, which met on January 9, approved the calling of Expression of Interest by prospective parties, government spokesman and minister Bandula Gunawardena told reporters here. Accordingly, five proposals were received, and the Cabinet appointed Consultative Committee decided to award a management contract spanning 30 years to Shaurya Aeronautics (Pvt) Ltd of India and Airports of Regions Management Company of Russia. Evening Wrap will return tomorrow. [logo] The Evening Wrap 26 April 2024 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [View in browser]( [More newsletters]( Supreme Court thumbs-up for EVMs, declines plea to revive paper ballot The Supreme Court on April 26 [upheld the electronic voting machine (EVM) system]( of polling and refused a plea to revive paper ballots, saying “blind distrust” of an institution or a system breeds unwarranted skepticism and impedes progress. A Bench of Justices Sanjiv Khanna and Dipankar Datta, in a judgment which coincides with the second phase of the general elections to the Lok Sabha, also refused petitioners’ suggestion to hand over paper slips from Voter Verifiable Paper Audit Trail (VVPAT) units to electors to take a leisurely look before inserting them into the ballot boxes. The court refused to intervene against Section 49 MA of the Conduct of Election Rules, which penalises a voter whose complaint of mismatch (of votes cast and votes counted) would attract penal proceedings initiated by poll officials under Section 177 of the Indian Penal Code for submitting false information. The Bench further declined petitioners’, NGO Association for Democratic Reforms and Arun Kumar Agarwal, argument to direct the cross-verification of 100% EVMs and VVPATs across the country. Currently, only 5% of EVM-VVPAT counts are randomly verified in any given Assembly constituency. Earlier it had been one percent, until the top court had intervened. The court suggested to the Election Commission (EC) to explore the possibility of devising an “electronic machine” to count the VVPAT paper slips. This direction may have been prompted by an affidavit submitted by the EC during the hearing of the case. The poll body had explained that it takes an hour to manually count the VVPAT slips of a single polling station. “On an average, 1,000 VVPAT slips are required to be counted per polling station… The small size and special nature of the paper makes the slips sticky. Manual counting of VVPAT slips is cumbersome at every step. The process cannot be expedited or hurried,” it had said. The EC had also given the court a human perspective of why VVPAT slips’ counting cannot be hurried up. “The overall environment in a counting centre is charged up and the counting personnel are under tremendous mental pressure. This is also a factor that affects the speed of counting of VVPAT slips,” it said. So far, the EC had said, there were 41,629 instances of random verification till date. Over four crore VVPAT paper slips had been matched till date. There was not a single instance of mismatch. The court also suggested identifying political parties with unique bar codes along with symbols. In a separate direction to the EC, the top court ordered that, from May 1, 2024, Symbol Loading Units (SLU) should be sealed and secured after the process of loading symbols into VVPATs were over. Each SLU should be sealed in a special container in the presence of the candidates or their representatives, who would affix their signatures on the seal. The containers would be stored in a strong room along with the EVMs for 45 days post the declaration of the election results. The court directed that the burnt memory of microcontrollers of 5% of EVMs, which includes that of control units, ballot units, VVPATs, in every assembly segment of a parliamentary constituency can be checked and verified by a team of engineers of the EVM manufacturers in case of any suspicion of tampering. The exercise would be initiated on a written request from candidates who have come second or third in the victor’s tally. The applicants would identify the EVM to be verified or the polling station. The application for verification should be sent within seven days of the declaration of the election results. The District Election Officer concerned, in consultation with the team of engineers, should verify the authenticity or intactness of the burnt memory of the microcontrollers of the EVMs verified. The expenses of the verification would be undertaken by the applicant candidates or their representatives. They would be refunded in case the EVMs are found tampered, the court directed. Justice Datta, in his concurring judgment, said rather than blind distrust, a “critical as well as constructive approach guided by evidence and reason should be followed to make room for meaningful inferences and to ensure that the system is credible and effective”. The court said the “voices and choices” of the electorate should be fortified through open dialogue, transparency and trust. “We hope and trust that the system shall not fail the electorate and the mandate of the voting public shall be truly reflected in the votes cast and counted,” Justice Datta observed. Supreme Court declines plea against Collegium system to protect public’s best interest The Supreme Court Registry has [refused to accept a petition to end the Collegium system]( of judicial appointments and revive the National Judicial Appointments Commission (NJAC), seeking to “prevent needless waste of judicial time and energy”. In a six-page order, Supreme Court Registrar Puneet Sehgal explained that the Collegium system had already been upheld, while the NJAC — which gave an equal role to the government in judicial appointments — had been struck down by a Constitution Bench in October 2015. A review plea against the judgment was also subsequently dismissed in 2018. The petition filed by advocate Mathews Nedumpara only “replicated” issues which have already been put to rest, Sehgal said. “It is critical to ensure litigants do not overburden courts with matters which already stand adjudicated,” he observed in the order dated April 24. A repeat litigation was not in the public’s best interest, the order said, adding that the petition by Nedumpara was either an attempt to overreach the principles of settled law or fuelled by an “ulterior motive”. The Registrar invoked the Supreme Court Rules, 2013 in his order. “I hold that the registration of the present case was not proper and by virtue of Order XV Rule 5 of the Supreme Court Rules, 2013, I hereby decline to receive the same,” the order declared. Under this provision of the 2013 Rules, the Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter. The petitioner has 15 days to appeal to the court. The petition was filed in 2023 amidst verbal attacks against the Collegium system by then-Law Minister Kiren Rijiju. The plea argues that the Supreme Court, through its Constitution Bench judgment of October 2015, had thwarted the “will of the people” by striking down the 99th Constitutional Amendment Act which had introduced the NJAC mechanism. The petition says that the 2015 judgment should be rendered void ab initio as it had revived the Collegium system, which the petitioners called a “synonym for nepotism and favouritism”. On plea for fresh elections in places where NOTA emerges winner, Supreme Court seeks Election Commission reply The Supreme Court on April 26 [asked the Election Commission of India to respond]( to a plea seeking fresh elections to constituencies where NOTA (none of the above) wins majority votes. “We will issue notice. Let us see what the Election Commission has to say on this plea,” Chief Justice of India D.Y. Chandrachud told petitioner-author Shiv Khera, represented by senior advocate Gopal Sankaranarayanan and advocates Shweta Mazumdar, Zeeshan Diwan and Jhanvi Dubey. The petition urged the court to direct the Election Commission (EC) to frame rules stating that candidates who poll fewer votes than NOTA should stand debarred from contesting elections for five years. The Election Commission and various State Election Commissions had introduced NOTA in electronic voting machines (EVMs) in November 2013. The impetus for the move was provided by a Supreme Court ruling the same year, directing the EC to provide NOTA in EVMs. “A provision of negative voting would be in the interest of promoting democracy as it would send clear signals to political parties and their candidates as to what the electorate thinks about them,” the court had reasoned in 2013. From 2018 onwards, several States like Maharashtra, Haryana, Delhi and Puducherry began to treat NOTA as a “fictional electoral candidate” while declaring poll results. In Maharashtra, fresh elections would be called if NOTA won maximum votes. “These State Election Commissions declared that if NOTA emerged as the winner in any election, there would be a mandatory re-poll. They categorically held that declaring the second highest candidate as winner (in case NOTA gets the highest votes), violates the underlying principle and object of NOTA,” the petition pointed out. However, the petition said the rules of these four States should be uniformly applied across the country. The NOTA choice was given to voters to convey their displeasure about the choice of candidates. Declaring the runner-up as the winner by brushing aside the identity of NOTA as a fictional electoral candidate defeats the very purpose of its existence. “Since 2013, the implementation of NOTA has not fulfilled its purpose. On the contrary, it has neither led to increased voter participation nor has compelled political parties to field good candidates,” the petition said. Election results do not even reflect the negative votes cast. The petition said the current uneven implementation of NOTA during polls fails to “honour and respect the majority will/opinion of the people expressed through NOTA”. Sunita Kejriwal to campaign for AAP, to hold roadshow in East Delhi on April 27 Delhi Chief Minister Arvind Kejriwal’s wife [Sunita Kejriwal will campaign for the AAP]( in the Lok Sabha polls, senior party leader Atishi announced on April 26. She will begin her campaign with a roadshow in East Delhi constituency on April 27, she added. Addressing a press conference, Atishi, who is also a Minister in the Delhi government, said Sunita Kejriwal will seek votes and blessings for the Aam Aadmi Party (AAP) from the people of Delhi. “She will campaign for the party in Delhi, Punjab, Gujarat and Haryana. She will hold her first roadshow in East Delhi on Saturday and then another roadshow in West Delhi on Sunday,” Atishi said. Sunita Kejriwal is slowly emerging out of the shadows to assume a bigger role to give a fillip to the AAP’s campaigning which has been affected by the Chief Minister’s arrest in a money laundering case in March. Arvind Kejriwal’s judicial custody has been extended till May 7. The AAP, which is contesting the Lok Sabha polls in alliance with the Congress in Delhi, has fielded its candidates in East Delhi, West Delhi, South Delhi and New Delhi seats. The Congress has fielded its candidates in North East Delhi, North West Delhi and Chandni Chowk seats. Since the Chief Minister’s arrest on March 21, Sunita Kejriwal has been acting as a channel of communication between her husband and the AAP and its MLAs. She has so far held three digital media briefings mainly focused on communicating the chief minister’s messages to the people and Delhi cabinet ministers. Board exams twice a year from 2025: Ministry of Education asks CBSE to work out logistics, no plan for semesters The [Ministry of Education has asked the Central Board of Secondary Education (CBSE)]( to work out logistics for conducting board exams twice a year from the 2025-26 academic session, according to sources. The plan for introduction of a semester system has been ruled out, they said. The Ministry and the CBSE will hold consultations with school principals next month for conducting board exams twice a year, the sources said. The CBSE is currently in the process of working out the modalities of how will the academic calendar be structured to accommodate another set of board exams without impacting the undergraduate admission schedule, they said. “The ministry has asked the CBSE to work on the logistics of how will board exams be conducted twice a year. The board is working out the modalities and a consultation will be organised next month with school principals,” a source said. “The idea being explored is to conduct two editions of the board exams at the end of the year from the 2025-26 academic session but the modalities still need to be worked out. However, there is no plan to implement the semester system,” the source added. According to the New Curriculum Framework (NCF) announced by the education ministry last year, board examinations will be held twice a year to ensure that students have enough time and opportunity to perform well and get an option to retain the best score. Poll roundup: - [Over 60% polling]( was reported in the second phase of Lok Sabha elections covering 88 seats across 13 States amid complaints of EVM glitches and bogus voting in some booths in Kerala and West Bengal. Voters in some villages of Uttar Pradesh’s Mathura, Rajasthan’s Banswara and Maharashtra’s Parbhani boycotted polls over various issues but were persuaded by authorities to cast their franchise. Polling for the second stage of the seven-phase elections started at 7 a.m. and concluded at 6 pm. Several States are experiencing intense heat conditions. Election officials said the highest voting percentage was recorded in Tripura which registered 77.53% polling till 5 p.m., while the lowest turnout was in Uttar Pradesh at 52.74%. - A flying squad of election officials [seized cash amounting to ₹4.8 crore from a house in Yelahanka]( coming under Chikkaballapura constituency, on April 25. The officials booked a case against BJP candidate K. Sudhakar at Madanayakahalli police station. Karnataka Chief Electoral Officer posted on X that an FIR was registered under relevant sections of the Representation of People Act and that of the Indian Penal Code for bribery and undue influence on electors. According to the officials, a team of officials led by Bengaluru Urban district Nodal Officer Munish Moudgil received a call about cash meant for distribution and misuse in elections. The caller shared the GPS location of the property where the cash was allegedly kept. In Brief: A joint venture between an Indian and a Russian firm [have been awarded the management of Sri Lanka’s Mattala Rajapaksa International Airport in Hambantota]( the Government spokesman said on April 26. The USD 209 million facility was once dubbed the “world’s emptiest airport” due to a lack of flights. The Sri Lankan Cabinet, which met on January 9, approved the calling of Expression of Interest by prospective parties, government spokesman and minister Bandula Gunawardena told reporters here. Accordingly, five proposals were received, and the Cabinet appointed Consultative Committee decided to award a management contract spanning 30 years to Shaurya Aeronautics (Pvt) Ltd of India and Airports of Regions Management Company of Russia. Evening Wrap will return tomorrow. 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