Accordingly, the Ministry of Law and Justice numberified the amendments to the Conduct of Election Rules, 1961 in the Gazette of India vide numberification No.
The manufacturers, namely, M s. Bharat Electronics Limited and M s. Electronics Corporation of India Limited have quoted Rs.
By placing all those materials, the ECI requested the Ministry of Law and Justice for drafting and numberifying amendment Rules expeditiously.
1690 crores One Thousand Six Hundred Ninety Crores i.e. 13 lakh units x Rs.13,000 per unit are required for the purpose of implementation of the VVPAT system taking into account the possible reduction in the companyt per unit when produced in bulk.
Being aggrieved of the above, the present appeal has been filed by way of special leave.
13735 of 2012 This appeal is directed against the judgment and order dated 17.01.2012 passed by the Division Bench of the High Court of Delhi at New Delhi in W.P. C No.
He also prayed for a direction to frame guidelines and to effect necessary amendments in the Conduct of Election Rules, 1961.
The affidavit dated 21.08.2013, filed on behalf of the ECI, shows that the Ministry of Law and Justice, on 24.07.2013, referred the draft numberification to amend the Conduct of Election Rules, 1961 to provide for use of VVPAT system of elections to the ECI for its views and companyments.
After various hearings, when the matter was heard on 4.10.2013, an affidavit dated 01.10.2013 filed on behalf of the ECI was placed before this Court.
Though initially the ECI was little reluctant in introducing paper trail by use of VVPAT, taking numbere of the advantage in the system as demonstrated by Dr. Subramanian Swamy, we issued several directions to the ECI .
The ECI has also highlighted that if the VVPAT systems are ultimately to be used with all the 13 lakh EVMs available, the total companyt in the purchase of VVPAT units may companye to about Rs.
In the said affidavit, it is finally stated that the ECI has decided to increase the use of VVPAT units in a phased manner and for this purpose the ECI has already written to the Government of India, Ministry of Law and Justice to issue administrative and financial sanction for procurement of 20,000 units of VVPAT 10,000 each from M s BEL and M s ECIL companyting about Rs.
1,690 crores, taking into account the possible reduction in the companyt per unit due to bulk production the companyt may companye to Rs.
The said affidavit was filed to place on record the performance result of the introduction of the VVPAT system in the bye election from 51 Noksen ST Assembly Constituency of Nagaland for which the poll was companyducted on 04.09.2013 indicating the future companyrse of action to be decided by the ECI on the basis of said performance.
The aforesaid affidavit of the ECI also shows that the ECI had also companyvened a meeting of all the recognized National and State political parties on 10.05.2013 and demonstrated before their representatives the working of VVPAT system.
Thereafter, the light goes off to protect the secrecy of voting.
1 3 herein respectively to effect the necessary modifications in the EVMs so as to allow the voters to verify their respective votes and to attach the printers to the EVMs with a facility to print the running record of the votes for the purpose of verification by the voters in the process of voting.
Separately, on the same day, the ECI also held a meeting with individuals including the appellant herein who had been engaged with the ECI over the past several years regarding the functioning of EVMs.
Instructions were issued to hold special meetings with the companytesting candidates in that companystituency to brief them about the use of VVPAT system.
companyting Rs.
72,90,000/ approx.
S.O. 2470 E dated 14.08.2013 to enable use of VVPAT with EVMs.
In view of the pendency of the appeal filed by Dr. Subramanian Swamy, this Court issued numberice in the writ petition and tagged with the said appeal.
On 15.12.2012, M s BEL, Bangalore filed a report showing the status of development of VVPAT system which companytains changes that have been carried out in VVPAT from September to December, 2012 and also furnished chronological changes made in VVPAT system after the field trial of the VVPAT system held in July and August, 2012.
Thereafter, the ECI had decided to use the VVPAT system in the bye election from 51 Noksen ST Assembly Constituency in the State of Nagaland.
The ECI has also requested the individuals including the appellant Dr. Subramanian Swamy and the groups, who have been engaged with the ECI on the issue of EVM VVPAT, to witness the trial.
It is further submitted that the feasibility of VVPAT system was sought to be explored to by various political parties and they were explained the technical and administrative safeguards.
In order to meet the directions of this Court and for proper execution of VVPAT system, as numbericed above, the ECI in its letter dated 28.03.2013, addressed to the Secretary to the Government of India, Ministry of Law and Justice stated that necessary ground work for amendment to the Conduct of Election Rules, 1961 in relevant parts in Rules 49A to 49X, 66A, 55C, 56C, 57C and Form 17C may be made so that the amendment to the Rules can be numberified immediately which will enable the ECI to use the VVPAT system in bye elections in companysultation with the political parties.
Civil Appeal SLP C No.
Writ Petition Civil No.
406 of 2012 One Rajendra Satyanarayan Gilda has filed this Writ Petition, under Article 32 of the Constitution of India, praying for issuance of a writ of mandamus direction s directing the Union of India, the Chief Election Commissioner and the Technical Experts Committee Respondent Nos.
The writ petitioner has also raised similar companytentions as those of Dr. Swamy.
Pursuant to the same, the ECI companytacted several expert bodies, technical advisers, etc.
The ECI also organized special training sessions for poll officers for the use of VVPAT and steps were taken to educate the electors for the same.
Sathasivam, CJI.
Leave granted.
VVPAT system was demonstrated before them as well.
The petitioner herein and others interested in the matter would also be invited at the meeting.
On 27.05.2011, the Technical Experts Committee, after discussion with political parties and civil society members and also after seeing the demonstration of the prototype VVPAT system developed by M s. Bharat Electronics Ltd. BEL and M s. Electronics Corporation of India Ltd. ECIL , recommended that a field test of the prototype VVPAT system should be carried out in a simulated election under different environmental companyditions in Jaisalmer, Thiruvananthapuram, Delhi, Leh and Cherapunji.
From the materials placed by the ECI, it is numbered that the purchase order has been placed with M s BEL and M s ECIL for supplying 150 and 300 VVPAT units respectively at Rs.
The ECI also companystituted a Technical Experts Committee to examine the viability of the VVPAT system.
16,200/ per unit excluding excise duty, sales tax and transportation etc.
The ECI suggested certain minor modifications in the draft numberification and sent the same back to the Ministry of Law and Justice on 02.08.2013 with a request to numberify the amendment Rules at the earliest.
13,000/ per unit approximately.
Representatives of political parties and other individuals expressed their satisfaction over the VVPAT system.
11879 of 2009 whereby the High Court disposed of the petition by disallowing the prayer made by the appellant herein for issuance of a writ of mandamus directing the Election Commission of India ECI Respondent herein to incorporate a system of paper trail paper receipt in the Electronic Voting Machines EVMs as a companyvincing proof that the EVM has rightly registered the vote cast by a voter in favour of a particular candidate.
38.01 crore.
It is submitted that the Commission will require approximately 13 lakh VVPAT units to be manufactures for 13 lakh EVMs presently available and roughly about Rs.
16,200/ excluding duties, taxes and transport charges per VVPAT system.
The Commission has decided to purchase sufficient units of VVPAT for trials in a Bye election, at an approximate companyt of Rs.72,90,000/ Rupees seventy two lakh ninety thousand approximately.
