- (1.) In his submissions, with reference to the challenge to the impugned order, Mr. Kapil Sibal, learned senior counsel, invited our attention to the judgment of this Court in Dr. Subramanian Swamy v. Election Commission of India 2013(4) R.C.R.(Civil) 793 : (Civil Appeal No.9093/2013 with Writ Petition (C) No.406/2012, decided on 8.10.2013). Reference was made to the following observations recorded therein : "29) From the materials placed by both the sides, we are satisfied that the "paper trail" is an indispensable requirement of free and fair elections. The confidence of the voters in the EVMs can be achieved only with the introduction of the "paper trail". EVMs with VVPAT system ensure the accuracy of the voting system. With an intent to have fullest transparency in the system and to restore the confidence of the voters, it is necessary to set up EVMs with VVPAT system because vote is nothing but an act of expression which has immense imporance in democratic system. 30) In the light of the above discussion and taking notice of the pragmatic and reasonable approach of the ECI and considering the fact that in general elections all over India, the ECI has to handle one million (ten lakhs) polling booths, we permit the ECI to introduce the same in gradual stages or geographical-wise in the ensuing general elections. The area, State or actual booth(s) are to be decided by the ECI and the ECI is free to implement the same in a phased manner. We appreciate the efforts and good gesture made by the ECI in introducing the same. 31. For implementation of such a system (VVPAT) in phased manner, the Government of India is directed to provide required financial assistance for procurement of units of VVPAT. 32. Before parting with the case, we record our appreciation for the efforts made by Dr. Subramanian Swamy as well as the ECI, in particular Mr. Ashok Desai and Ms. Meenakshi Arora, learned senior counsel for the ECI. 33. With the above directions, the appeal and the writ petition are disposed of. No separate order is required in the applications for intervention. Both sides are permitted to approach this Court for further direction(s), if need arises."
(2.) In response to the above submissions, a counter affidavit has been filed on behalf of the Union of India, in Court today. A copy thereof has been furnished to the learned counsel for the petitioner. The affidavit contains a communication dated 19.04.2017. The same is extracted below : "No.H-11019/8/2014-Leg.II Government of India Ministry of Law and Justice Legislative Department New Delhi, the 19th April, 2017. To The Director General Election Commission of India Nirvachan Sadan New Delhi-110001. Sub:- Purchase of Voter Verifiable Paper Audit Trail Units during the years 2017-18 and 2018-19. Sir, I am directed to convey herewith the sanction of the President for : a) purchase of 16,15,000 Voter Verifiable Paper Audit Trail (VVPAT) Units at a tentative unit cost of L 19,650/-, and at a total estimated cost of L 3173.47 crore (excluding taxes and freight as applicable) during the years 2017-18 and 2018-19 from M/s. Bharat Electronics Ltd., Bangalore and M/s. Electronics Corporation of India Ltd., Hyderabad; b) placement of Order by the Election Commission to the two manufacturers depending upon their production capacity so that all the VVPAT Units can be procured by September, 2018. 2. The above unit price of the VVPAT is subject to negotiation with the manufacturers for rationalisation of the final unit price. The payment of the price of VVPAT Units shall be made on delivery and acceptance on pro-rata basis. The necessary bills on this account as obtained from the suppliers may be submitted in original along with a copy of this sanction, on the Pay and Accounts Officer (Election Commission of India). 3. The total quantity of VVPAT Units will be delivered as per schedule to be intimated by the Election Commission of India. The manufacturers will provide a standard warranty against any manufacturing defect for each Unit for a period of one year from the date of accepted delivery with a test certificate in respect of each machine supplied along with the bills. 4. The Election Commission may now take further necessary action to place orders on M/s. Bharat Electronics Ltd. Bangalore and M/s. Electronics Corporation of India Ltd., Hyderabad in pursuance of the above under intimation to this Department and monitor timely deliveries of the VVPAT Units. 5. This issue is with the concurrence of Integrated Finance Division vide AS and FA's Diary No.495 dated 19-4-2017. Yours faithfully, sd/- (K.K. Saxena) Deputy Secretary to the Government of India Tel: 23384603" Based on the above communication, it is pointed out, that the Union of India has fully discharged its responsibility in commpliance with the directions contained in the order dated 8.10.2013.
(3.) List again on 9.8.2017. Tag with Writ Petition (C) Nos.225/2017, 209/2017 and 41/2017.;