Bombay HC seeks Maha SEC response over absence of VVPATs in local polls

A petition in the Bombay High Court argues that VVPATs are essential for transparent and verifiable voting, citing a 2013 Supreme Court ruling that deemed them indispensable for ensuring free and fair

The Bombay High Court on Friday issued notice to the Maharashtra State Election Commission (MSEC) over a petition challenging its decision not to use VVPATs in the upcoming local body polls, PTI reported.

 

The Voter Verifiable Paper Audit Trail (VVPAT) machine is an independent printer attached to an Electronic Voting Machine (EVM) that allows voters to verify that their vote has been recorded as intended.

 

A bench headed by Justice Anil Kilor sought the MSEC’s response by next week in the petition filed by Congress leader Prafulla Gudadhe.

 

Elections to several local bodies in the state, including the Brihanmumbai Municipal Corporation (BMC) — the country’s richest civic body — are scheduled to be concluded by January 2026.

 

What does the petition argue?

Gudadhe’s petition contends that the right to vote is a fundamental right and that every citizen has the right to know whether their vote has been recorded correctly.

 

He cited a 2013 Supreme Court judgment that described VVPATs as an indispensable requirement for ensuring free and fair elections.

 

“Without the use of VVPAT, the EVMs’ recording of votes becomes unverifiable. There is no other method by which it can be ascertained if the vote cast has been recorded properly,” the plea said, accusing the poll body of being “hell-bent” on using an unreliable system at the cost of fairness.

 

The petitioner further argued that VVPATs are crucial for transparency, and in their absence, the commission should revert to ballot papers.

 

“There is no rule that elections have to be conducted through EVMs. The same can be conducted through ballot papers if the election commission is facing a dearth of VVPAT machines,” the petition said, as quoted by PTI.

 

What is the MSEC’s position on VVPAT use?

Last week, the MSEC stated that laws governing local body polls contain no provision for using VVPATs.

 

It added that, barring a few exceptions, most local body elections in Maharashtra are conducted under a multi-member ward system. A committee comprising all State Election Commissions is currently studying the development of voting machines compatible with VVPATs for such systems, but its final report has not yet been submitted.

 

The commission said that, until the compatible machines are ready, the use of VVPATs in local body elections remains unfeasible.  (With PTI inputs.)