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Supreme Court Rejects Plea For Return To Ballot Paper Voting

 

GUWAHATI: The Supreme Court, on Tuesday, November 26, rejected a Public Interest Litigation (PIL) seeking a return to ballot paper voting in Indian elections.

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A bench comprising Justices Vikram Nath and P.B. Varale dismissed the petition, asserting that allegations of tampering with electronic voting machines (EVMs) are often linked to electoral outcomes. "When you win the election, EVMs are not tampered. When you lose, EVMs are tampered," the bench remarked.

The petitioner-in-person, K.A. Paul sought multiple directions, including reverting to ballot paper voting and imposing a five-year disqualification on candidates found guilty of distributing money, liquor, or other inducements to voters.

The bench, questioning the relevance of the relief sought, asked Paul why he was venturing into political matters given his social work background. Paul claimed to be the president of an organization that has rescued over three lakh orphans and 40 lakh widows.

"You have interesting PILs. How do you get these brilliant ideas?" the bench quipped, emphasising the disconnect between Paul’s social work and his legal demands.

Paul argued that foreign countries primarily use ballot paper voting and urged India to follow their lead. The bench countered, asking, "Why don't you want to be different from the rest of the world?" It also questioned how corruption allegations against EVMs justified a return to ballot papers, highlighting that corruption could persist regardless of the voting method.

Citing the Election Commission's seizure of ₹9,000 crore during the 2024 elections, Paul alleged that corruption in the electoral process justified his plea. He also referenced statements by Tesla CEO Elon Musk and political leaders such as TDP chief N. Chandrababu Naidu and Andhra Pradesh's former Chief Minister Y.S. Jagan Mohan Reddy, who has claimed EVM tampering.

In response, the bench observed, “When Chandrababu Naidu lost, he said EVMs can be tampered with. Now this time, Jagan Mohan Reddy lost, he said EVMs can be tampered with.”

Paul’s petition further sought measures to curb the use of money and liquor during campaigns and called for voter education campaigns to encourage informed voting. He highlighted that 32% of educated voters do not participate in elections, describing it as a “tragedy” for democracy.

The court, however, found the petitioner’s arguments insufficient and dismissed his plea, urging a focus on broader electoral reforms rather than a return to outdated systems.

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