‘Res Judicata’: Why EVM scepticism should rest in peace now
10 months, 4 weeks ago

‘Res Judicata’: Why EVM scepticism should rest in peace now

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Justice Dipankar Datta invoked the principle of res judicata to warn the EVM-doubters from re-litigating, without new and substantial evidence, an issue that has been conclusively settled On 26 April, a two-judge bench of the Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, disposed of a civil suit filed by Association for Democratic Reforms against the Election Commission, by rejecting the former’s demand for return to paper ballot, 100 per cent manual or mechanical counting with VVPAT slips and voters being given physical access to VVPAT slips before these are collected. During the VVPAT era, three-member Supreme Court bench in its order dated April 8, 2019, settled the matter in N Chandrababu Naidu & Ors v. Union of India & Anr when it decreed that VVPAT paper trail of five EVMs per Assembly Constituency or per Assembly segments in a parliamentary constituency should be mandatory tallied with results on EVMs. The Election Commission had invited political parties, petitioners, and individuals to visit its headquarters in Nirvachan Sadan in New Delhi between August 3 and August 8, 2009, to demonstrate their allegations on specimen EVMs. The Uttarakhand High Court had to issue a gag order on political parties, NGOs, and individuals from speaking irresponsibly about the EVMs when the Election Commission was dealing with the matter.

History of this topic

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