SC says it cannot conduct elections, have to trust EC’s technical submissions
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
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Summary
A bench of Justices Sanjiv Khanna and Dipankar Datta said, “Courts have already intervened twice, if there is room for improvement, we will consider it.”
The Supreme Court on Wednesday, April 24, said it cannot conduct elections and it has to trust the technical submissions of the Election Commission. The court reserved the judgment on the plea seeking 100% electronic voting machine (EVM) and Voter Verifiable Paper Audit Trail (VVPAT) verification.
A bench of Justices Sanjiv Khanna and Dipankar Datta said, “Courts have already intervened twice, if there is room for improvement, we will consider it.”
The EC told the apex court that they VVPAT verification of 5% of EVMs and challenged if candidates can show any case of mismatch. On the queries raised by the court in the morning the EC replied saying that all microcontrollers are burnt into the machines at the time of manufacture, and it cannot be re-programmed.
On the question of Symbol Loading Units, the EC said, “We have two manufacturers – ECIL and BEL. We can make more SLUs and it should take a month for ramping up production.”
The EC said after counting, the machines are stored for 45 days. On the 46th day Chief Electoral Officer writes to high courts to check for any complaints. If an election petition is filed then the machine is sealed and blocked.
After polling, VVPATs are also stored for 45 days.
The petitioner disputed the EC claims that processor chip is one time programmable is in doubt. The petitioner said that the manufacturer admitted in an RTI reply that the microcontroller is made by NXP and it says there are 3 kinds of memories, including a flash memory. Flash memories can be programmed several times.
The EC claim that the microcontroller is not re-programmable is incorrect, the petitioner claimed.
The court on Wednesday raised fresh queries with the EC on EVMs and VVPATs. The court has sought clarity on whether VVPAT machines also have a programmable memory. The court has sought clarity on storage, sealing of EVM machines, questions if VVPAT machines are also secured. It also sought clarity on duration for storage of EVMs, VVPAT machines.
Here are questions raised by the Supreme Court:
Q1. If the microcontroller is installed in the Control Unit or the VVPAT. We were under the impression that microcontroller with the memory is installed in the control unit. One of the FAQs indicates that microcontroller with memory is also in the VVPAT machine.
Q2. Is Microcontroller programmable only one time?
Q3. How mnay symbol loading units are available?
Q4. What is the period of storage of EVMs. The EC had indicated 30 days, the RP Act suggests 45 days. The storage period may need to be increased?
Q5. Securing of EVMs – we take it that both the Control Unit, VVPAT are sealed.
The Supreme Court was hearing a batch of pleas seeking complete cross-verification of votes cast using EVMs with VVPAT. The VVPAT is an independent vote verification system that enables electors to see whether their votes have been cast correctly. NGO ‘Association for Democratic Reforms’ (ADR), one of the petitioners, sought the reversal of the poll panel’s 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.
During the hearing, which spanned for nearly two days, the bench had interacted for nearly an hour with senior Deputy Election Commissioner Nitesh Kumar Vyas to understand the functioning of EVMs and told advocate Prashant Bhushan, appearing for the NGO that voter satisfaction and trust are at the core of the electoral process. Senior advocate Maninder Singh, appearing for the Election Commission, had submitted that EVMs are standalone machines and cannot be tampered with but the possibility of human error cannot be ruled out.
On April 16, the top court had deprecated criticism of EVMs and calls for reverting to ballot papers, saying the electoral process in India is a “humongous task” and attempts should not be made to “bring down the system”.
The seven-phase Lok Sabha polls began on April 19 and the second phase is slated to be held on April 26. The ADR has sought to match the count in EVMs with votes that have been verifiably “recorded as cast” and to ensure the voter can verify through VVPAT slip that his vote, as recorded on the paper slip, has been “counted as recorded”.
With inputs from PTI
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KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow