Nation’s achievements being eroded: Judge

Over the years, certain vested interest groups have been trying to undermine the achievements of the nation, remarked Justice( Dipankar Datta(while concurring with a decision to stand by the reliability of Electronic Voting Machines (EVM), reports Bar and Bench.

Justice Datta further observed that there seemed to be a concerted effort to discredit, diminish, and weaken the progress of India on every possible frontier. Any such effort has to be nipped in the bud, he said.

"No Constitutional court, far less this Court, would allow such attempt to succeed as long as it (the court) has a say in the matter. I have serious doubt as regards the bona fides of the petitioning association when it seeks a reversion to the old order,"(Justice Datta said.

He added that any suggestion to revert to a paper ballotbased system appeared inexplicable. It is only improvements in EVMs or even a better system that people would look forward to in the ensuing years, he said. Justice Datta further said that he agreed with the Election Commission’s submission that the suggestion itself indicated that the petitioner was lacking bona fides (good intentions).

"I have no hesitation to accept the submission of senior counsel for the ECI that reverting to the 'paper ballot system' of the bygone era, as suggested, reveals the real intention of the petitioning association to discredit the system of voting through the EVMs and thereby derail the electoral process that is underway, by creating unnecessary doubts in the minds of the electorate,"(Justice Datta added.

Justice Datta rejected submissions that there was a public trust deficit when it came to the present voting system (EVMs).

"Had the voters any doubt regarding the efficacy of the EVMs, I wonder whether the voting percentage would have seen such increase. EVMs have stood the test of time and the increased voting percentage is sufficient reason for us to hold that the voters have reposed faith in the current system and that the report to the contrary, which has been relied on, merits outright rejection," the judge said.

Concluding his reasoning, Justice Datta also said that the court cannot entertain petitions merely on mere assumptions and presumptions.