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The Supreme Court on Tuesday refused to give urgent listing to the plea seeking verification of Voter Verified Paper Audit trail (VVPAT) of EVMs before counting votes. The petitioners had prayed for the case to be listed tomorrow for hearing. 

A Supreme Court bench headed by Chief Justice of India NV Ramana and consisting of Justices AS Bopanna and Hima Kohli said that let the counting of the votes go on in accordance with the already established procedures and law.

The bench observed that at the last moment nothing can be done and asked the authorities to continue as per the pre-established procedure. The vote counting of the Assembly Elections in five states is scheduled to take place on Thursday, March 10.

Earlier today, the bench had agreed to hear the matter on Wednesday after Senior Advocate Meenakshi Arora mentioned the plea before the bench stating that verification of VVPAT is done after counting is over and by that time the election agents leave owing to which there is no transparency. Therefore, pressing the need of transparency in the counting process, she further submitted that it won’t be of any use if verification is done after counting is over.

However, at the end of the board, Senior Advocate Manindar Singh appeared for the Election Commission of India and mentioned that the plea is not maintainable as the officials are trained under the guidelines set by the apex court judgment in the case of Chandrababu Naidu of 2019.

During the mentioning in the morning, CJI Ramana had questioned Arora as to why this matter was being mentioned a day before the counting of votes is to take place.

CJI Ramana had also remarked that even if the is heard tomorrow, would the court be able to issue direction to all States. Arora, however, insisted and submitted that the Election Commission can be informed and asked to follow the directions.

Thereafter, Court had directed the Election Commission of India to be present tomorrow and agreed to list it for hearing. CJI remarked, “Let us see what can be done.”

However, at the end of the board mentioning, the request was rejected as the bench was informed that the Judgment in the case of Chandrababu Naidu is already being followed. The bench will now take up the matter after the same is listed in due course.

Case Title: Rakesh Kumar Vs. Union of India & Ors.