["There is no adjudication by this Hon'ble court or any other on the
unsoundness of functioning of EVMs. In this background, it is respectfully
submitted that any petition seeking a mandatory direction in bringing in
VVPAT is liable to be rejected outright," stated the Ministry's affidavit.
It emphasised that since use of VVPAT was "not indispensable in the
organisation of an election," the enormous investment involved in
procurement, storage and maintenance of VVPAT machines did not warrant
deployment of these units in a time-bound mandatory manner. It pointed out
that VVPAT machines will also have a shelf life of 15 years and their
replacement will cause huge expenditure.

(That's pretty much worrisome, to put it rather mildly.
And it also amounts to negating the commitment made by the EC to use VVPAT
machines with all EVMs in the coming Lok Sabha poll (ref., e.g.: 'VVPAT
machines at every polling booth by 2019 general elections says EC' dtd. Mar
17, 2017 at <
http://www.hindustantimes.com/india-news/vvpat-machines-at-every-polling-booth-by-2019-general-elections-says-ec/story-trqNckD8KyhuOZbdJiun9H.html>),
in compliance with the directive issued by the Supreme Court on the subject
issue earlier (ref.: "The Supreme Court on Tuesday [October 8 2013] asked
the Election Commission to introduce in a phased manner the paper trail in
Electronic Voting Machines (EVMs) for the 2014 Lok Sabha elections, saying
"it is an indispensable requirement of free, fair and transparent" polls
which will restore confidence of the voters." at <
http://www.ndtv.com/india-news/supreme-court-asks-election-commission-to-implement-paper-trail-in-evms-537127>,
also "From the materials placed by both the sides, we are satisfied that
the “paper trail” is an indispensable requirement of free and fair
elections. The confidence of the voters in the EVMs can be achieved only
with the introduction of the “paper trail”" at <
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40874>).
***It clearly reeks of malafide intentions.***)]

http://www.news18.com/news/india/voters-cant-decide-manner-of-casting-votes-govt-to-sc-on-vvpat-machines-1486943.html

Voters Can't Decide Manner of Casting Votes: Govt to SC on VVPAT Machines
Submitting its affidavit, the Union Law Ministry said that VVPAT could be
used just as a "backup" faciity for EVMs (Electronic Voting Machines),
which are adequately "reliable and tamper proof" machines.

Utkarsh Anand | CNN-News18
Updated:August 9, 2017, 8:04 PM IST facebookTwittergoogleskype

Voters Can't Decide Manner of Casting Votes: Govt to SC on VVPAT Machines
Filer image of Voter Verifiable Paper Audit Trail (VVPAT) with EVM. (Photo
courtesy: PIB)

New Delhi: Underlining that voters cannot have the right to decide the
manner of casting votes, the Central government has opposed in the Supreme
Court a batch of petitions on mandatory use of VVPAT (voter verifiable
paper audit trail) with EVMs during elections.

Submitting its affidavit, the Union Law Ministry said that VVPAT could be
used just as a "backup" facility for EVMs (Electronic Voting Machines),
which are adequately "reliable and tamper proof" machines.

"There is no adjudication by this Hon'ble court or any other on the
unsoundness of functioning of EVMs. In this background, it is respectfully
submitted that any petition seeking a mandatory direction in bringing in
VVPAT is liable to be rejected outright," stated the Ministry's affidavit.

It emphasised that since use of VVPAT was "not indispensable in the
organisation of an election," the enormous investment involved in
procurement, storage and maintenance of VVPAT machines did not warrant
deployment of these units in a time-bound mandatory manner. It pointed out
that VVPAT machines will also have a shelf life of 15 years and their
replacement will cause huge expenditure.

"EVMs are reliable and tamper proof, thus the VVPAT units must be
considered as a backup and as an additional measure to ensure transparency
in the electoral process," said the Ministry.

About an elector's right, the affidavit stated that the right to vote did
not include the right to choose manner of casting votes. "This sphere must
necessarily be left to the autonomous expert body, namely the Election
Commission of India," it added.

The Ministry further said that use of EVMs did not invade voter's right to
vote nor did it in any manner came in the way of free and fair elections.

The Supreme Court will examine this affidavit on Thursday. The court is
hearing a clutch of PILs, which have challenged the credibility of EVMs and
have sought directive for mandatory use of paper audit trails if EVMs are
to be used.

Earlier, the Election Commission had also told the Supreme Court that its
EVMs are fully tamper-proof and credible machines, which can’t be hacked.

It sought that all PILs claiming that EVMs are faulty machines must be
dismissed since there has not been even one evidence of such lapse.

The EC said EVMs in India are better machines than the electronic voting
machines used in the US, Germany, the Netherlands and Ireland. It pointed
out that EVMs in foreign countries rely on internet connectivity, whereas
EVMs here are standalone devices which work on a completely internal
platform.

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Peace Is Doable

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