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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

In yet another setback to the Congress party amid the ongoing Lok Sabha elections, its candidate from Indore Akshay Kanti Bam withdrew his nomination on Monday, April 29, days before voting.

Interestingly, he had reached the Collector's office with BJP MLA Ramesh Mendola to withdraw his nomination. He also reportedly joined BJP. 

Senior BJP leader and state cabinet minister Kailash Vijayvargiya in a post on X said Bam was welcome to join the BJP.

"Congress Lok Sabha candidate from Indore Akshay Kanti Bam is welcome in the BJP under the leadership of Prime Minister Narendra Modi, party national president J P Nadda, Chief Minister Mohan Yadav and state president VD Sharma," he said in the post.

The Congress had fielded Bam against sitting BJP MP Shankar Lalwani from the Indore Lok Sabha seat, where polling will be held on May 13.

Mangaluru: This year too, the Mangaluru International Airport has missed being designated as an embarkation point for the annual hajj pilgrimage. 

According to the Haj Committee of India, not many are choosing Mangaluru as an embarkation point. Last year, although Mangaluru was notified as one of the embarkation points, the Union government removed it from the list at the last minute.

Several associations and organisations submitted memorandums to the Haj Committee of India, requesting the reinstatement of Mangaluru as one of the embarkation points, but their efforts have not materialised this year either.

The use of Mangaluru Airport as an embarkation point for the haj began in 2010. In 2019, 1,400 haj pilgrims flew from MIA to Saudi Arabia.

“When the number is less, it is difficult to consider it. It was the same issue as last year,” reacted AP Abdullakutty, chairman of the Haj Committee of India.
Mangaluru as an embarkation point served people from undivided Dakshina Kannada, Kodagu, Shivamogga, Uttara Kannada, and Chikkamagaluru districts.
Last year, the Muslim Central Committee of Dakshina Kannada and Udupi districts submitted a memorandum to Abdullakutty. They expressed their disappointment with Abdullakutty and stated that Mangaluru had a good number of applicants ever since it was identified as an embarkation point. 
Now, they have to travel to Bengaluru. 

UT Khader, speaker of the Karnataka legislative assembly, pointed out that several Union ministries are involved in the process of designating embarkation points for the haj.

“We are not sure why MIA as an embarkation point was removed. Is it because of fewer applications, or are airlines not willing to bid for MIA as an embarkation point? Is it only an issue with MIA as an embarkation point, or are there other airports in the country facing similar issues? We will try to find out and seek answers. Meanwhile, we will also start working at the earliest so that MIA is considered as an embarkation point for hajj next year,” said Khader.