Maharashtra SEC Says VVPAT Not Mandatory For Local Body Elections

The Maharashtra State Election Commission (SEC) has told the Bombay High Court that VVPAT machines are neither required under law nor technically viable for the forthcoming local body elections, according to PTI.

In an affidavit filed before the Nagpur bench, the SEC opposed a petition by Congress leader Prafulla Gudadhe, who has challenged the decision to conduct the polls without VVPAT. Gudadhe argued that the Voter Verifiable Paper Audit Trail system is essential to ensure transparency in the electoral process.

During Wednesday’s hearing, a bench led by Justice Anil Kilor asked the commission to explain why VVPAT machines were not being deployed, especially in light of a Supreme Court ruling that described their use as mandatory. The SEC’s lawyer submitted that the apex court’s directive applies only to Parliamentary and Assembly elections, not to local bodies, PTI reported. The lawyer also noted that VVPAT was not used in the 2017 municipal polls.

The affidavit stated that the laws governing municipal elections do not require VVPAT. It further argued that the system is incompatible with multi-member, multi-post constituencies such as Village Panchayats, Municipal Councils and Municipal Corporations. Parliamentary and Assembly elections, by contrast, involve single-member, single-post seats, and the EVMs used by the Election Commission are designed accordingly.

The court has listed the matter for further hearing on Thursday. The first phase of the local body elections in Maharashtra is scheduled for 2 December.

Gudadhe’s petition, filed through advocates Pawan Dahat and Nihal Singh Rathod, contended that if VVPAT is not to be used, voting should revert to ballot papers. It sought directions to either mandate ballot-based polling or set aside the SEC’s decision. The plea also asked the court to bar the SEC from using EVMs without VVPAT in any election, stressing that the right to vote is fundamental and that every voter must be able to confirm that their vote has been accurately recorded.

(With inputs from PTI)