On Friday, the Supreme Court reaffirmed its trust in Electronic Voting Machines (EVMs) while addressing concerns raised in two writ petitions. The first petition expressed apprehensions regarding 19 lakh missing EVMs, while the second advocated for the use of ballot paper in elections. However, the court dismissed both petitions, emphasizing its confidence in the reliability of EVMs for conducting elections.

In adjudicating the petition concerning the purported 19 lakh missing EVMs, the Supreme Court unequivocally deemed the apprehensions and allegations unfounded, thus concluding the matter in favor of the Election Commission of India (ECI).

The petitioner, INCP, has expressed concern that the reported disappearance of 19 lakh EVMs from ECI custody between 2016 and 2019 could potentially be exploited to manipulate the forthcoming Lok Sabha General Election in 2024.

While declining to consider another petition advocating for the use of ballot paper in elections by overturning Section 61A of The Representation of the People Act, 1951, Justice Khanna remarked that the court has repeatedly scrutinized over 10 cases concerning various aspects of EVM functionality.

In rejecting the petition, the Court reaffirmed its confidence in the reliability of EVMs. Over the course of several decades and across approximately 40 judgments, the highest courts in India have consistently expressed trust and confidence in the ECI-EVMs, as well as in the transparent processes and stringent administrative protocols surrounding them. This steadfast support has significantly bolstered the jurisprudence favoring the use of EVMs in India.

The recent rulings of the Supreme Court contribute to the strong and expanding series of orders issued by both the Supreme Court and High Courts, which have thoroughly reviewed numerous matters concerning EVMs and consistently ruled in favor of the Election Commission of India.

Additionally, it's noteworthy that in a recent case (Madhya Pradesh Jan Vikash Party v. Election Commission of India, Special Leave Petition (Civil) 16870/2022, September 2022), the Honorable Supreme Court imposed a fine of ₹50,000 on the petitioner. The Court made this decision while observing that EVMs have been utilized in the country for several decades, yet issues are periodically raised, prompting such legal interventions.

Similarly, the Delhi High Court also levied a fine of ₹10,000 on a petitioner in a case (C.R. Jaya Sukin v. Election Commission of India & Ors., Writ Petition (Civil) 6635/2021, August 2021) who sought to halt the use of EVMs in all future elections and advocated for the use of ballot paper instead.

Previously, the High Court of Delhi rejected a petition filed by the Delhi Pradesh Congress Committee, which aimed to halt the ongoing First Level Checking (FLC) process for Electronic Voting Machines (EVMs) and VVPATs intended for use in the upcoming Lok Sabha Elections in the National Capital Region (NCR).

In its verdict, the court underscored the strength and transparency of the current procedures and dismissed the petitioner's assertions.

The Election Commission of India (ECI) has consistently taken the lead in disseminating information regarding EVM-related processes and safeguards to the public. This is evident through various publications such as the EVM Manual, Status Paper, EVM Presentation, Commemorative Book on the 40-year journey of EVMs, Legal History of EVMs, and continuously updated EVM FAQs.