Supreme Court asks Centre to clarify position on totaliser system for EVM vote counting

Court seeks Centre's response

The Supreme Court on Tuesday asked the Centre to spell out its position on introducing a "totaliser" system for counting votes recorded through Electronic Voting Machines (EVMs). A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana sought to know from the Centre whether there were any impediments to introducing such a mechanism and whether it would have any negative impact.

"The Union of India may examine the issue of carrying out the necessary amendment in the Conduct of Elections Rules for introduction of totalisers for counting of votes recorded in EVMs. We would like to know what are the impediments, if any, and whether there would be any negative impact because of the introduction of such a mechanism," the Bench said.

The court directed the Centre to examine election rules and the recommendations made by the Law Commission of India, including a proposed provision for totalisation. It also asked the Election Commission to submit its proposal to the Centre.

The plea and the totaliser

The direction came on a Public Interest Litigation (PIL) filed by advocate Ashwini Upadhyay, Yogesh Gupta and others, which also sought a direction for common electoral rolls for Parliament, Assembly and local body polls to save public money and manpower. The petitioners have also sought a direction to the authorities to take steps to use totalisers for counting votes.

A totaliser is a device that allows votes cast in about 14 polling booths to be counted together, thereby protecting the secrecy of voting patterns. The PIL referred to provisions of the Conduct of Elections Rules, 1961, under which votes in the EVMs are counted polling station-wise, and said this led to situations where voting patterns in various localities or pockets become known to everyone.

Upadhyay submitted that introducing the totaliser system would ensure privacy of voters and prevent post-poll violence. "My request is that many countries are using this totaliser only to secure the right to privacy and to avoid post-poll violence," he said. He further claimed, "The EC, from 2007 and up to a few days back, even before the reply filed yesterday, has always supported the totaliser."

Election Commission's position

The counsel appearing for the Election Commission said there were several impediments to introducing totalisers and that the majority of political parties have not agreed to it. Senior counsel Dama Seshadri Naidu said the EC supported the principle of anonymising voter choice but flagged practical difficulties. Naidu also pointed out that candidates and their agents currently receive a copy of Form 17C at the close of polling, which allows them to see the voter turnout at individual polling stations.