Gujarat HC rejects PAAS leader’s PIL seeking use of ballot/ EVM’s with VVPAT in Gujarat Assembly polls

Ahmedabad: The Gujarat High Court today dismissed a petition by a member of Haridk Patel led Patidar Anamat Anadolan Samiti (PAAS) demanding use of either Voter Verified Paper Audit Trail (VVPAT) fitted EVM’s or Ballot Papers in the assembly elections in the state due to be held by December this year.

The division bench of Chief Justice R Subhash Reddy and V M Pancholi summarily rejected the public interest litigation plea (PIL) filed by PAAS member Reshma Patel.

Reshma, later expressing dissatisfaction over the dismissal of the petition said that she would move to the apex court challenging the legality of this order.

Reshma had following BJP’s landslide victory in the Uttar Pradesh assembly polls and the allegations by various opposition parties regarding the possibility of rigging electronic voting machines (EVMs) had last month moved Gujarat high court seeking use of EVM’s with VVPAT (a kind of receipt verifying the voting) or ballot papers in the upcoming state assembly elections. She had argued that election conducted through EVM’s with VVPAT or ballot papers would negate any scope of rigging. She had also sought a stay on elections till final outcome of her PIL.

Her counsel Rafik Lokhandwala, citing a 2013 judgement of the Supreme Court, had argued that despite the apex court’s direction to use EVM’s with VVPAT in elections, till today the election commission has not followed it.

Arguing that there was a possibility of tampering with EVM, Patel had sought directions to the Election Commission of India (ECI), the state government and other authorities to provide the Voter Verified Paper Audit Trail (VVPAT) system with EVM if it decides to continue with EVM at all. She had claimed that this is a necessary step to bring in transparency in polling because paper trail is a convincing proof that EVM has rightly registered the vote cast by a voter in favour of a particular candidate.

Assembly election in Gujarat is due to be held by December this year when the term of the current 13 th assembly ends. The ruling BJP has indicated that the election is likely to be held in November.

DeshGujarat