The Supreme Court has asked the Union government to clarify its stand on whether ‘totaliser’ devices can be introduced for counting votes, a method pitched as a way to better protect voter secrecy during elections.
The direction came while hearing a petition filed by Yogesh Gupta, represented by senior advocate Ashwini Upadhyay. The plea argued that revealing party-wise vote counts at individual polling stations can fuel post-election violence and intimidation, and sought the use of totalisers that combine results from multiple EVMs to provide only aggregated totals.
Appearing for the petitioner, Ashwini Upadhyay and senior advocate Gopal Sankaranarayanan submitted that totalisers are used globally to safeguard privacy. They also cited support for the idea from experts, including references to the Law Commission’s 255th report, and noted that the Election Commission had earlier indicated in 2018 that the time had come to introduce totalisers. They argued that amendments could be made under the election rules with consultation, without requiring a new law.
On behalf of the Election Commission, senior advocate Thama Seshadri Naidu said the proposal faced political opposition, with a majority of national and state parties objecting during an all-party meeting, and that a Union ministers’ group had rejected it. He also flagged procedural hurdles, including verification processes linked to Form 17C and difficulties in checking acknowledgement slips if totalisers are used.
The bench of Chief Justice Suryakant and Justice Joymalya Bagchi noted that the Election Commission had pointed to practical issues rather than rejecting the idea outright. It asked the Centre to examine Rule 59A of the Conduct of Elections Rules, 1961 and the Law Commission’s recommendations, assess possible obstacles or adverse impacts, and state its position. The court also directed the Election Commission to send an appropriate request or recommendation to the Centre promptly, after which the Union Cabinet should take a decision. The hearing was adjourned.
