'EVMs not tampered when you win': Supreme Court junks plea seeking election through paper ballots

The Supreme Court on Tuesday dismissed a plea seeking the reintroduction of paper ballots in elections, asserting that allegations of electronic voting machine (EVM) tampering often surface only when candidates lose.

During the hearing, a bench comprising Justices Vikram Nath and P B Varale said, "What happens is, when you win the election, EVMs are not tampered with. When you lose the election, EVMs are tampered (with)."  

The plea, filed by petitioner KA Paul, also sought directions to disqualify candidates for at least five years if found guilty of distributing money, liquor, or other inducements to voters. Responding to Paul's arguments, the bench asked, "You have interesting PILs. How do you get these brilliant ideas?"  

Paul, who heads an organisation that has reportedly rescued over three lakh orphans and 40 lakh widows, explained his concerns about corruption in elections. However, the bench questioned his involvement in political matters, asking, "Why are you getting into this political arena? Your area of work is very different."  

The petitioner argued that foreign countries use paper ballots and suggested India should follow suit. The bench countered, "Why you don't want to be different from the rest of the world?" Paul claimed that reverting to paper ballots could reduce corruption, citing the Election Commission's seizure of Rs 9,000 crore in June 2024.  

The bench dismissed this argument, stating, "If you shift back to physical ballot, will there be no corruption?" Paul also said that Elon Musk and political leaders like TDP chief N Chandrababu Naidu and YSR Congress leader Jagan Mohan Reddy had expressed concerns about EVM tampering.  

"When Chandrababu Naidu lost, he said EVMs can be tampered with. Now this time, Jagan Mohan Reddy lost, he said EVMs can be tampered with," the bench observed.  

The petitioner also emphasised the need for a comprehensive framework to curb the use of money and liquor in election campaigns and called for voter education to raise awareness about informed decision-making. "Today, 32 per cent educated people are not casting their votes. What a tragedy," Paul stated.  

Earlier, in April, the SC rejected similar pleas to revert to paper ballots, deeming suspicions of EVM tampering "unfounded" and asserting that the devices enhance security by eliminating booth capturing and bogus voting.  

The concerns around EVMs surfaced again after BJP-led Mahayuti's landslide victory in the Maharashtra Assembly elections. Opposition leaders from the Maha Vikas Aghadi (MVA) coalition, which was expected to win the assembly polls, alleged irregularities with EVMs. Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu called for elections to be conducted via paper ballots, citing doubts over EVMs. "Any technology can be hacked, and even Elon Musk has said this," Sukhu said.  

Shiv Sena (UBT) MP Sanjay Raut demanded a re-election, claiming irregularities and malfunctioning EVMs. "We have received nearly 450 complaints regarding EVMs. Despite raising objections repeatedly, no action has been taken. How can we say these elections were conducted fairly?" he asked.  

Raut cited examples of discrepancies, including a candidate in Nashik reportedly receiving only four votes despite having 65 family members. He also noted unexplained landslide victories in some constituencies and raised doubts about candidates who recently switched parties winning with significant margins.  

(With inputs from PTI)