The Supreme Court on Wednesday reserved its verdict on a batch of pleas seeking complete cross-verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT) after a senior Election Commission official answered court’s queries.
The questions pertained to the functions of the micro-controller installed in the EVMs, securing the EVMs and VVPATs, and the maximum period for which the machines are to be retained.
The Supreme Court had sought clarification from the Election Commission on functioning of EVMs.
During the hearing, the court observed that it cannot control elections, which are to be conducted by another constitutional authority.
A bench of Justices Sanjiv Khanna and Dipankar Datta said it needs clarification on certain aspects as there was some confusion in answers given by the EC in its ‘frequently asked questions’ (FAQs) on EVMs.
“We went through the FAQs. We just wanted three-four clarifications. We don’t want to be factually wrong but doubly sure in our findings and hence we thought of seeking the clarification,” the bench told Additional Solicitor General Aishwarya Bhati who was appearing for the EC.
“First clarification needed is with regard to microcontroller. Whether it is installed in controlling unit or in the VVPAT. We were under the impression that the microcontroller is the memory installed in the control unit (CU). One of the questions in the FAQs indicates that it is also installed in the VVPAT,” the bench said.
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Senior Deputy Election Commissioner Nitesh Kumar Vyas clarified that all the three units have their own microcontrollers that cannot be accessed physically.
“The one-time program is burnt into them,” Vyas told the court, adding that they cannot be changed.
The another clarification sought by the court was with regard to storage of EVMs for 45 days. The bench said that it was told that the limitation period for filing of election petition is 30 days and hence the EVMs are stored for 45 days.
“When we checked section 81 of the Representation of People Act, we found that the limitation period for filing of EVMs is 45 days. So please confirm us because it is 30 days or 45 days storage. If the limitation period is 45 days, then the corresponding period for storage needs to be enhanced,” the bench pointed out.
The EC official informed the court that all the machines are stored for 45 days.
“On the 46th day, CEO writes to Registrars of concerned high courts to ascertain if any election petition filed. If any Election Petition is filed, the machines remain stored,” the official said.
Senior advocate Santosh Paul, appearing for one of the petitioners, said that source code of EVMs should also be disclosed for transparency. The bench said, “No, the source code cannot be disclosed as there is a chance of it to be misused.”
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