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  3. Supreme Court Dismisses Plea for 100% Manual Counting of VVPAT Slips in Elections

Supreme Court Dismisses Plea for 100% Manual Counting of VVPAT Slips in Elections

Lexpedia · 7 April 2025 · 3 min read

Supreme Court Dismisses Plea for 100% Manual Counting of VVPAT Slips in Elections
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In a significant ruling today, the Supreme Court dismissed a petition seeking directions to the Election Commission of India (ECI) to conduct 100% manual counting of Voter Verifiable Paper Audit Trail (VVPAT) slips, in addition to the electronic counting done through the control units.

The bench, comprising Chief Justice of India (CJI) Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan, was hearing a writ petition filed by Hans Raj Jain, a petitioner-in-person. Jain had previously made a representation to the Election Commission, and after receiving no response, he filed a writ petition before the Delhi High Court, which was dismissed in October 2024.

CJI Dismisses the Plea, Refers to Past Examination of the Issue

During the proceedings, Jain reiterated his concerns over the speed of the vote counting process and called for manual verification of votes. He expressed his suspicions based on past experiences, stating that the counting process had been conducted in a swift manner without proper transparency. However, the Chief Justice intervened, remarking, "Hum issue examine kar chukke hai, pehle bhi examine kiya hai par ab baar baar nahi jaa sakte" (We have already examined the issue in the past, we cannot keep re-examining the issue now).

The bench ultimately dismissed the petition, stating, "We do not find any good ground or reason to interfere in the impugned judgment," thus rejecting Jain's request for 100% manual counting of VVPAT slips.

Previous Supreme Court Decision and High Court Dismissal

Notably, this is not the first time such a plea has been raised. In April 2024, a Supreme Court bench comprising Justices Sanjiv Khanna and Dipankar Datta had rejected similar pleas seeking 100% cross-verification of Electronic Voting Machines (EVMs) with VVPAT records. While rejecting the prayers for full verification, the Court did issue directions regarding the storage of Symbol Loading Units and the post-poll checking of 5% of EVMs per assembly segment, which could be requested by runner-up candidates.

Jain's petition had also been dismissed by the Delhi High Court in October 2024. The High Court had observed that the issue had already been conclusively addressed by the Supreme Court in the case of Association of Democratic Reforms v. Election Commission of India & Anr., and dismissed Jain’s petition, which sought a more thorough inspection of EVM records and the implementation of a more transparent VVPAT system.

Jain’s Suggestions for Transparency

In his petition, Jain had proposed several measures aimed at enhancing transparency in the electoral process. Among these, he suggested the use of a VVPAT system where the printer is kept open, allowing voters to pick up the printed ballot, verify it, and then drop it into a sealed box in front of the presiding officer. He also sought the manual counting of the paper slips from the printer’s dropbox in future Legislative Assembly and Parliamentary elections where a paper trail is introduced.

Court’s Final Order

The Supreme Court’s dismissal of Jain’s plea reinforces the finality of its previous rulings on the matter. The court found no new grounds to revisit its earlier judgments and dismissed the Special Leave Petition (SLP) filed by Jain.

The decision underscores the Court's stance on maintaining the integrity of the current election process, which includes a mix of electronic voting and VVPAT verification, and limits the scope for further challenges based on similar arguments.

Case Title: Hans Raj Jain vs. Election Commission of India, 2025

ElectionElection LawsElection PetitionElectronic Monitoring

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