The continued use of EVMs without full verification undermines constitutional compliance.
I. Facts of the Case
The continued use of Electronic Voting Machines (EVMs) without full verification undermines transparency, accountability, and constitutional compliance.
Democracies such as Germany, Netherlands, Ireland, Japan, and Bangladesh have discontinued EVMs citing lack of transparency and public trust.
In India, despite repeated challenges, the judiciary has upheld EVM usage while restricting VVPAT verification to 5 random booths per constituency, which is statistically inadequate.
Allegations of vote manipulation and “vote theft” have surfaced in recent Assembly Elections, including Tamil Nadu (2026), eroding public confidence.
The Election Commission has refused independent audits of EVMs, relying only on internal assurances. This violates principles of accountability and public trust.
This petition is filed purely in the interest of constitutional integrity and public trust in elections. It is not politically motivated, nor intended to favor or target any party or candidate.
II. Grounds for Challenge
Article 14 – Equality Before Law: Selective verification discriminates between voters.
Article 19(1)(a) – Freedom of Expression: Voting is expression; unverifiable votes suppress it.
Article 21 – Right to Life and Liberty: Includes dignity and meaningful participation.
Article 326 – Universal Adult Suffrage: Suffrage becomes hollow without verification.
Basic Structure Doctrine – Free and Fair Elections: Transparency is essential; speed is not a constitutional value.
Independent Audit Requirement: Neutral third-party audit is constitutionally necessary.
III. Issues for Determination
Can administrative convenience override transparency in elections?
Does limiting VVPAT verification to 5 booths violate Article 14?
Does unverifiable voting suppress Article 19(1)(a)?
Does it erode Article 21 dignity and liberty?
Does it hollow out Article 326 universal suffrage?
Does it compromise the basic structure doctrine of free and fair elections?
Can the Election Commission refuse independent audit of EVMs, and does such refusal violate constitutional principles of accountability?
IV. Reliefs Sought
Declare that prioritizing speed over transparency in elections is unconstitutional.
Mandamus directing adoption of paper ballots or 100% VVPAT verification.
Mandamus directing the Election Commission to permit independent audit and verification of EVMs by neutral third-party agencies (IITs, DRDO, CAG auditors).
Hold that the current EVM system violates Articles 14, 19(1)(a), 21, 326, and the basic structure doctrine.
Grant interim relief by directing full VVPAT verification and pilot independent audits in upcoming elections.
Pass such other orders as this Hon’ble Court may deem fit.