New Delhi: Even as the Supreme Court turned down the review petition of 21 political parties today to carry out “at least 25%” random physical verification of the Voter Verified Paper Audit Trail (VVPAT) slips, several individuals and civil society organisations – under the banner of Jan Sarokar 2019, or People’s Manifesto – called for 100% counting of the slips on May 23.
In a press meet held in New Delhi, the individuals behind the Jan Sarokar campaign, named ‘Every Vote Counts, Count Every Vote’, said they would seek an appointment with the officials of the Election Commission of India later on May 7 to state their demand and concerns on the issue and would also seek the support of the 21 parties which approached the apex court.
Activist Nikhil Dey, who is spearheading the campaign, told reporters:
“We are not going to the Supreme Court. We are approaching the ECI, which has the constitutional mandate to hold free and fair elections. We demand 100% counting of VVPAT slips on May 23. We are also carrying out a country-wide signature campaign on the issue. It is the people’s demand; we don’t represent any political party. This May 17 onwards, a day after the last phase of polling takes place, we will amplify our campaign in Delhi and elsewhere by holding various public meetings, etc.”
Jan Sarokar’s campaign is based on the argument that the VVPAT slips must be counted in these elections as they are the actual equivalent of ballot papers. Since what is pressed on the Electronic Voting Machines (EVMs) by voters is captured in the form of slips in the VVPATs which then get automatically dropped into boxes, the actual mandate of the voters lies in the slips. Therefore, each slip must be counted rather than treating them as audit papers to ensure free and fair elections.
Also read: The Election Commission Must Not Come in the Way of More VVPAT Verification
Nikhil Dey also said:
“Every voter has the right to demand that what they voted for is actually being counted and not what is in the machines. The Supreme Court too has agreed that the paper trail of the EVMs is essential for transparency. The ECI says that the EVMs are completely secure; they may be. But it is essential that people must be able to see it is as so. This voter confidence is important because the right to vote in a democracy is a citizen’s fundamental right.”
Responding to the ECI’s oft-stated argument against full counting of the VVPAT slips as time consuming, Nikhil Dey, Supreme Court advocate Sanjay Pareek, also the vice president of Jan Sarokar, and scientist and filmmaker Gauhar Raza highlighted that instilling confidence in the voters that “there is a free and fair elections is more important” than being bothered about a few extra hours of counting.
“What is the problem in this, considering the ECI has stated in its website that the counting of VVPAT slips can be done quite fast?” asked Dey.
Raza highlighted, “Anyway, those who have voted in the first phase of these seven-phase elections will have to wait for two months to know the results. So why not four-five days more if it ensures that each vote they cast was counted?” Pareek added, “Voting is an expression of one’s democratic rights. Who is going to ensure that whom I voted for is actually being counted? The machine doesn’t say it, the VVPAT slips do. So why not count them? Across the world, many countries are going back to counting ballot papers to ensure free and fair elections.”
(From left) Gauhar Raza, Sanjay Pareek, Syeda Hameed, Nikhil Dey and Kavita Srivastava at the press meet in New Delhi. Credit: Sangeeta Barooah Pisharoty
Former planning commission member and activist Sayeda Hamid, present at the press meet, also argued for 100% counting of the VVPAT slips, stating, “Why should a voter be mystified about what happened to his vote? Nothing is tamper-proof, so why not do physical verification of the slips and restore voter confidence in the counting system. Let’s not wait for the next elections, let’s demand it for this one. It’s now or never.”
Left leader D. Raja said, “I have come from the Supreme Court hearing. While the court is fundamentally in agreement with our point, it has yet again rejected our demand for counting the slips of 50% of the VVPAT machines per constituency. We are happy that civil society is taking it up and making it a part of the public debate. We will join it.”
Raja’s party, the CPI(M), is among the 21 opposition parties which filed the petition before the SC. On April 8, the court rejected the demand and instead directed the ECI to carry out random physical counting of slips of five VVPAT machines instead of one per assembly segment.
Also read: A Hitchhiker’s Guide to Electronic Voting Machines and VVPATs
However, on May 4, the SC accepted a review petition by the parties. Arguing for them on May 7, counsel A.M. Singhvi sought counting of slips of “at least 25%” VVPAT machines. However, the court rejected it yet again. Counting of slips of only five machines per assembly segments would amount to counting below 2% votes as against their demand for physical counting of 50% of the votes.
“We will now go back to the ECI to demand it. We will continue to do so. Now the question is also if there is a discrepancy between the EVMs and the VVPAT slips in all or one of the five segments, what will the ECI do next? It is not clear,” said Raja.
The activists also raised the issue of ECI criminalising voter complaints. Under 49MA of the Conduct of Election (Amendment) Rules 2013, on a complaint by a voter that her vote was wrongly noted by the VVPAT machine, the ECI must ask her to do a test vote. If the machine doesn’t repeat what she complained against, she is liable to a six-month jail term. “So who would dare complain that her vote was noted wrongly?” asked Dey.