'Vested interest groups trying to undermine India's achievement', Justice Datta in EVM VVPAT order

Justice Dipankar Datta

Justice Dipankar Datta in his concurring opinion in the judgment dismissing pleas seeking cross-verification of the votes cast in electronic voting machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT) has noted certain vested interest groups are trying to undermine the achievements of the nation.

"It is of immediate relevance to note that in recent years, a trend has
been fast developing of certain vested interest groups endeavouring to
undermine the achievements and accomplishments of the nation, earned
through the hard work and dedication of its sincere workforce," judgment said.

The judge further noted that there is a concentrated effort to weaken the progress of the nation 'on every possible frontier' and such attempts must not be allowed by any constitutional court more specifically by the supreme court.  Datta has also raised doubts on the bonafides 'petitioning association ,' which had filed the plea. The order said "I have serious doubt as regards the bona fides of the petitioning association when it seeks a reversion to the old order."

According to the order, irrespective of whether the past efforts of the association had led to certain reforms, its plea to revert back to paper ballot was 'inexplicable'. "Question of reverting to the “paper ballot system”, on facts and in the circumstances, does not and cannot arise. It is only improvements in the EVMs or even a better system that people would look forward to in the ensuing years," the order said.

Datta also pulled up the petitioners for casting doubts in the mind of the electorate by casting aspersions on the EVMs. The order said "The real intention of the petitioning association to discredit the system of voting through the EVMs and thereby derail the electoral process that is underway, by creating unnecessary doubts in the minds of the electorate."

The order vouched for the efficacy of EVMs and noted that had the voters any doubts on the EVMs, the voting percentage would not have seen an increase over the years. "EVMs have stood the test of time and the increased voting percentage is sufficient reason for us to hold that the voters have reposed faith in the current system and that the report to the contrary, which has been relied on, merits outright rejection," the order said.

Earlier in the day, the SC rejected pleas seeking cross-verification of the votes cast in EVMs with VVPAT .The apex court suggested having an electronic machines for counting votes, and bar codes on voting slips.