VVPAT not mandatory for local body polls, not feasible: EC to Bombay HC

The Maharashtra State Election Commission on Wednesday told the Bombay High Court that the use of VVPAT machines was not mandatory for local body polls, and it was also not technically feasible.

The commission filed an affidavit opposing a petition filed by Congress leader Prafulla Gudadhe before the Nagpur bench of the high court, challenging its decision to not use VVPAT in the upcoming local body elections in Maharashtra.

Gudadhe in his plea said the Voter Verifiable Paper Audit Trail (VVPAT) system was essential for a transparent election process.

During the hearing on Wednesday, a bench headed by Justice Anil Kilor sought to know the reason for not using VVPAT machines especially when a Supreme Court judgment said the use of VVPAT was a must.

The commission's lawyer told the court that the SC judgment applied only to the general elections, and not local body polls.

VVPAT machines were not used during the 2017 municipal polls too, he pointed out.

The commission in its affidavit said local body Acts which govern municipal elections do not mandate the use of VVPAT.

There are also issues of technical feasibility of designing and manufacturing a VVPAT machine which can be used for multi-member and multi-post EVMs, it said.

The Parliamentary and Assembly elections are single-member, single-post elections where only one candidate is chosen by a voter, and the EVMs used by the Election Commission are specifically designed for that purpose, the affidavit said.

Village Panchayats, Municipal Councils and Municipal Corporations are multi-member, multi-post constituencies, it added.

The bench posted the matter for further hearing on Thursday.

The first round of local body elections in Maharashtra will be held on December 2.

In his petition filed through advocates Pawan Dahat and Nihal Singh Rathod, Gudadhe said if the SEC was not going to use the VVPAT, the polls should be held using ballot papers. VVPAT is an independent system attached to an Electronic Voting Machine (EVM), allowing voters to verify that their votes are cast as intended.

The petition urged the HC to direct the SEC to hold the upcoming local body polls through ballot papers or quash the commission's decision to not use VVPAT machines.

He also sought the court to restrain the SEC from using EVMs without VVPAT machines in any election.

The right to vote is a fundamental right and every citizen has the right to know if his or her vote has been rightly cast, the plea said.