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On 14-03-2023 ADR filed a petition in the Supreme Court asking for inclusion of 100% VVPATs in the EVMs. The petition states that in order to have fullest transparency in the system and to restore the confidence of the voters paper trail is an indispensable requirement of free and fair elections and therefore ECI should be directed to introduce Voter Verifiable Paper Audit Trail (‘VVPAT’) in all EVMs. The petition contends that the voting and counting process should be publicly auditable by being transparent in a manner that the general public can be satisfied that their vote is correctly recorded and counted. There is a statutory acknowledgement in Rule 56(D)(4)(b) as incorporated through Section 66A of Conduct of Election Rules, 1961 which provides that the count of VVPATs shall prevail over the count reflected in EVMs. Rule 56(D)(4)(b), therefore is a statutory admission/presumption of the position in law and fact that it is finally the VVPAT which accurately captures the will of the voter and variance/errors/malafides can be found in the EVMs. Through this petition, ADR is also seeking direction to ensure that the voters are able to verify through VVPATs that their vote has been 'counted as recorded'.

Judgment/Order

Date of issue

ADR's Petition in Supreme Court

14th March 2023

Counter affidavit filed by ECI Volume 1

04th July 2023

Counter affidavit filed by ECI Volume 2

04th July 2023

ADR's copy of Additional Affidavit

17th August 2023

ADR's Rejoinder

21st October 2023


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