Maharashtra Election Commission States VVPATs Not Mandatory for Local Body Polls: Bombay High Court Challenge

In his petition, Gudadhe argued that the VVPAT system is essential for ensuring election transparency. (File)

The Maharashtra State Election Commission informed the Bombay High Court on Wednesday that implementing VVPAT machines for local body elections is neither mandatory nor technically feasible.

This statement came in an affidavit responding to a petition filed by Congress leader Prafulla Gudadhe before the Nagpur bench, who challenged the commission's decision against using VVPAT in upcoming Maharashtra local body elections.

During Wednesday's hearing, Justice Anil Kilor's bench questioned why VVPAT machines weren't being utilized, particularly when a Supreme Court judgment appeared to mandate their use.

The commission's legal representative clarified that the Supreme Court ruling applies exclusively to general elections, not local body polls. He also noted that VVPAT machines weren't implemented during the 2017 municipal elections either.

In its formal response, the commission explained that local body legislation governing municipal elections does not require VVPAT implementation. The affidavit also highlighted technical challenges in designing and manufacturing VVPAT machines compatible with multi-member and multi-post Electronic Voting Machines (EVMs).

The commission elaborated that Parliamentary and Assembly elections are single-member, single-post elections where voters select just one candidate, with EVMs specifically designed for this purpose. In contrast, Village Panchayats, Municipal Councils, and Municipal Corporations represent multi-member, multi-post constituencies.

The court scheduled further proceedings on this matter for Thursday.

Maharashtra's first round of local body elections is set for December 2.

Gudadhe, through advocates Pawan Dahat and Nihal Singh Rathod, argued in his petition that if the SEC refuses to implement VVPAT, elections should be conducted using ballot papers instead. VVPAT functions as an independent verification system connected to EVMs, enabling voters to confirm their votes are recorded as intended.

The petition requested the High Court to either mandate ballot papers for upcoming local elections or invalidate the commission's decision against VVPAT implementation. Additionally, it sought to prevent the SEC from utilizing EVMs without VVPAT machines in any electoral process.

The plea emphasized that voting rights are fundamental, and every citizen deserves verification that their vote has been correctly recorded.