https://www.eci.gov.in/evm-faq-new Last Updated on: 07 February 2024
What are the important legal provisions on the use of VVPATs?
Ans. : Voter Verifiable Paper Audit Trail (VVPAT) was introduced by the ECI in compliance to the pronouncement of the Supreme Court in Dr. Subramanian Swamy Vs. Election Commission of India (2013) to ensure further transparency in the system by introducing ‘paper trail’ in respect of EVMs. Accordingly, the necessary amendments were made to The Conduct of Elections Rules, 1961 as under:
Rule 49A (Design of Electronic Voting Machines)- Every electronic voting machine (hereinafter referred to as the voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be approved by the Election Commission.Provided that a printer with a drop box of such design as may be approved by the Election Commission may also be attached to a voting machine for printing a paper trail of the vote, in such constituency or constituencies or parts thereof as the Election Commission may direct.
(B) Rule 49M (Maintenance of secrecy of voting by electors within the polling station and voting procedures)-(1) Every elector who has been permitted to vote under rule 49L shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down. (2) Immediately on being permitted to vote the elector shall proceed to the presiding officer [.. ] for recording of elector's vote.
(3) The elector shall thereafter forthwith¬(a) proceed to the voting compartment; (b) record his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote; and (c) come out of the voting compartment and leave the polling station:
Provided that where printer for paper trail is used, upon casting the vote by pressing the button under clause (b),the elector shall be able to view through the transparent window of the printer, kept along with the balloting unit inside the voting compartment, the printed paper slip showing the serial no, name and the symbol of the candidate for whom he has cast his vote before such paper slip gets cut and drops in the drop box of the printer".