HC seeks state poll panel’s reply on plea contesting non-use of VVPAT in civic body polls

Without VVPATs, the petition contends, votes recorded on EVMs become unverifiable, leaving no way for voters or authorities to confirm that the recorded vote reflects the voter’s choice. Gudadhe said he had registered his protest with the SEC on October 6, 2025, but received no response, prompting him to approach the high court

MUMBAI: The Nagpur bench of the Bombay High Court on Friday issued notice to the Maharashtra State Election Commission (SEC) on a petition challenging its decision to conduct the upcoming local body elections without Voter Verifiable Paper Audit Trail (VVPAT) machines.

Pune, India - January 17, 2019: State election commission and Their Pune district officials organised a public awareness drive about VVPAT machine at many places around the city. People gathered in large numbers at J M road to see the demonstration of the same in Pune, India, on Thursday, January 17, 2019. (Photo by Rahul Raut/HT PHOTO)

The VVPAT machine is attached to the ballot unit of the Electronic Voting Machine (EVM), and provides visual verification for the vote cast by a voter by printing a slip of paper with the voter’s choice on it.

A division bench led by justice Anil Kilor directed the SEC to file its response by next week.

The petition, filed by Congress functionary Prafulla Vinodrao Gudadhe, claims the SEC has failed to ensure transparency in the election process by deciding not to deploy VVPATs. The plea notes that the SEC was earlier directed by the Supreme Court in May 2025 to complete the long-delayed local body polls within four months, after they were stalled for nearly four years.

However, the SEC later sought an extension until January 31, 2026, citing lack of availability of suitable EVMs. At a press conference in Nashik on August 5, 2025, the Commission also announced that VVPATs would not be used in elections to Zilla Parishads, Panchayat Samitis, Municipal Councils, Municipal Corporations and Gram Panchayats.

Represented by advocates Pawan Dahat and Nihal Singh Rathod, Gudadhe argued that VVPAT is essential for voter confidence as it provides a paper trail verifying the vote cast. The petition relies on the Supreme Court’s 2013 ruling in Subramanian Swamy vs Election Commission of India, which held VVPAT to be an “indispensable requirement” for free and fair elections.

Without VVPATs, the petition contends, votes recorded on EVMs become unverifiable, leaving no way for voters or authorities to confirm that the recorded vote reflects the voter’s choice. Gudadhe said he had registered his protest with the SEC on October 6, 2025, but received no response, prompting him to approach the high court.

The plea further argues that the SEC has acted contrary to the statutory framework governing election conduct, and seeks directions to either use VVPATs or revert to ballot paper voting.

“The SEC’s decision undermines transparency and fairness. It appears to merely comply with the Supreme Court’s timeline while compromising the integrity of the electoral process,” the petition states.