EVMs Fine if You Win, Tampered if You Lose: SC Dismisses Plea to Return to Paper Ballots

In a significant ruling, the Supreme Court on Tuesday dismissed a plea seeking a return to paper ballot voting in elections, stating that allegations of electronic voting machine (EVM) tampering are often raised only by losing parties.

A bench of Justices Vikram Nath and P.B. Varale remarked, “When you win the election, EVMs are fine; when you lose, they are tampered with.” The court emphasized that doubts over EVMs lacked substantial evidence and expressed confidence in their reliability.

The petition, filed by evangelist K.A. Paul, called for the reintroduction of paper ballots, citing alleged tampering of EVMs and corruption in elections. Paul also sought directives to disqualify candidates found distributing money, liquor, or other material inducements for at least five years and advocated for extensive voter education campaigns to promote informed decision-making.

Justice Nath questioned Paul’s involvement in political matters, noting his background as the president of an organization aiding orphans and widows. Responding to Paul’s claim that many countries still use paper ballots, the bench asked, “Why don’t you want India to be different from the rest of the world?”

The court also dismissed Paul's argument that EVM tampering had been flagged by public figures, including Tesla CEO Elon Musk and Indian politicians. “When Chandrababu Naidu lost, he said EVMs could be tampered with. Now, Jagan Mohan Reddy says the same. This is a recurring narrative,” Justice Nath observed.

The bench further rejected claims that reverting to paper ballots would curb corruption, asking, “If we go back to physical ballots, will corruption disappear?”

The court reiterated its April 2024 judgment upholding the use of EVMs, citing their advantages, including the elimination of booth capturing and bogus voting. It noted the challenges of using paper ballots for India’s vast electorate and stated that reverting to the old system would undo decades of electoral reforms.

The Election Commission of India (ECI), in a 450-page affidavit filed in September 2023, had assured the court of the security and integrity of EVMs, describing them as “stand-alone machines with one-time programmable chips” that cannot be hacked or tampered with.

The bench concluded by dismissing Paul’s plea and reiterated its confidence in the EVM system while emphasizing that unwarranted scepticism undermines institutional progress.

This judgment reaffirms the Supreme Court’s stand on the robustness of EVMs and underscores the necessity of focusing on broader electoral reforms instead of revisiting outdated systems.