electronic voting machine (EVM) Archives - Lokmarg

EC Refutes Congress’ Allegations On EVMs

By LokMarg 5th January 2024

Refuting the Congress general secretary Jairam Ramesh’s allegations on Voter-verified paper audit trail (VVPAT) and Electronic Voting Machine (EVM), the Election Commission of India (ECI) said that the Commission has “full faith” in the use of EVMs in the election.

The reply comes after Jairam Ramesh wrote a letter to the Election Commission seeking an appointment to meet the delegation of INDIA bloc leaders to discuss the issue of Voter-verified paper audit trail (VVPAT).

Responding to Congress leader, the ECI stands firm asserting that literature in the public domain on EVM including the latest updated FAQs (85 Questions) answers all reasonable and legitimate aspects of the use of EVMs adequately and comprehensively.

“Rule 49A and 49M of Conduct of Election Rules 1961 governing VVPAT and handling of paper slips were introduced by INC on August 14, 2013.”

“While responding to an earlier letter dated 09.08.2023, ECI earlier also on 23.08.2023 comprehensively addressed all queries and detailed material including updated FAQs, EVM Manual, Powerpoint presentation on EVM, Status paper on EVM, legal backing of the EVM ecosystem and the judicial validation through various judgments of Supreme Court and various High Courts over a credible 40 years journey of EVMs,” it said.

The Commission further said that the recent letter dated December 30, 2023, does not raise any un-responded issue on EVM/VVPAT.

“Memorandum dated August 9, 2023, has already been duly replied on August 23, 2023. Further, para wise reply to issues raised due to incorrect and inadequate appreciation of material available in the public domain in a follow-up letter dated 2nd October 2023 by Omar Hooda, in an individual capacity, is further replied by Annexure I to this letter covering all aspects of EVMs like non-tampering, non-hacking, microcontrollers, end-to-end verifiability, legal provisions, counting, technical competency, manufacturing, source code etc,” ECI responded to Congress leader.

They further stated that it is reiterated that material made available by ECI in the public domain on EVMs, including the latest updated FAQs, adequately and comprehensively covers all reasonable and legitimate aspects of the use of EVMs in the Indian election.

“The current letter dated 30th December 2023, said to be in sequence of the earlier letters, has no new assertions or reasonable and legitimate doubts which require further clarifications,” it said.

The Election body further stated that current EVMs in use in Indian elections are compliant with the extant legal framework created and strengthened by the successive Union Governments of the day and jurisprudence evolved over 40 years by the Constitutional Courts of India.

“Anything beyond existing legal framework and established jurisprudence is beyond the singular domain of the Commission,” it added.

“It is not out of place to mention Writ Petition (Civil) 6635/2021 and CM 20855/2021 in Delhi High Court and SLP (Civil) 16870/2022 filed against use of EVM/VVPATs in Indian election, wherein High Court and Supreme Court of India had not only dismissed the petitions but imposed cost of Rs 10,000/- and Rs 50,000/- respectively on the petitioner for filing publicity seeking frivolous petition,” it said.

The Commission further said that as mentioned various aspects related to VVPAT are sub judice in the Supreme Court of India in Writ Petition.

“Needless to further reiterate that political parties and candidates are associated at every stage of handling EVMs, starting from FLC, storage, movement, training, randomisation, commissioning, mock polls, start of poll, close of poll, counting etc,” it added.

The Commission further said that based on the outcomes of the elections conducted using EVMs, legal framework, established jurisprudence, technical security and administrative safeguards, the Commission has full faith in the use of EVMs in elections.

“It is beyond any explanation that out-of-context references are being made to other Countries and their Constitutional Courts about the use of EVMs in elections. Based on the outcomes of the elections conducted using EVMs (Annexure-II), legal framework, established jurisprudence, technical security and administrative safeguards, the Commission has full faith in the use of EVMs in elections,” it stated.

Earlier on January 2, Jairam Ramesh wrote a letter to the Election Commission seeking an appointment to meet the delegation of INDIA bloc leaders to discuss the issue of Voter-verified paper audit trail (VVPAT).

The letter stated, “…a request for an opportunity for a 3-4 member team of INDIA party leaders to meet with you and your colleagues and talk a few minutes to put forward our point of view on VVPATs. Surely, this is a perfectly reasonable and legitimate request.”

As stated in the letter, the INDIA parties’ delegation requested several times for a meeting to discuss Electronic Voting Machine (EVM)-related concerns through a memorandum.

Referring to ECI’s clarification of the delegation’s memorandum as ‘generic’, the letter stated, “There was no meeting or hearing provided to the INDIA Parties’ delegation despite repeated requests.”

“On October 2, 2023, a follow-up representation was sent by us through counsel. The representation raised specific concerns which remained unaddressed in the ECI’s clarification of August 23, 2023. No response was received on the same,” the letter mentioned.

The letter added that the delegation sought an appointment again on December 20, 2023, to “discuss and provide suggestions on the use of VVPATs” based on a resolution passed at the meeting of leaders of INDIA parties held on December 19, 2023.

“We have been trying to meet with the ECI to hand over a copy of this resolution and have a discussion but have not been successful so far in doing so,” the letter stated.

The fourth meeting of the Opposition’s INDIA bloc, held in Delhi on December 19, 2023, passed the resolution on Electronic Voting Machines (EVMs) and the suspension of MPs from Parliament.(ANI)

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Phool Singh Smears Black Ink On Poster Showing EVM

By LokMarg 7th December 2023

Congress MLA Phool Singh Baraiya on Thursday smeared black ink on a poster showing Electronic Voting Machine (EVM) outside Raj Bhavan in Bhopal.

The black ink was smeared in the presence of Congress leader Digvijaya Singh, who recently made headlines with his statement that he has opposed voting by EVMs since 2003.

Phool Singh on the occasion blackened his face too as he had promised to do so if the BJP bagged over 50 seats in Madhya Pradesh.

Days after the Congress faced defeat in the Madhya Pradesh assembly elections, former Chief Minister and senior Congress leader Digvijaya Singh on Monday alleged that any machine with a chip can be hacked and that he has opposed voting by EVMs since 2003.

“Any Machine with a Chip can be hacked. I have opposed voting by EVM since 2003. Can we allow our Indian Democracy to be controlled by Professional Hackers! This is the Fundamental Question which all Political Parties have to address to. Hon ECI and Hon Supreme Court would you please defend our Indian Democracy?” Singh said in a post on ‘X’ on Monday.

Singh also mentioned a thread on ‘X’ in which a journalist, Ravi Nair, explained how EVMs are not foolproof and are not safe for democracy.

“VVPAT is not a safeguard as long as every slip is not counted. Many people believe Mass tampering of EVMs is not possible. No need. 3 to 3.5% of the tampered EVMs will alter the results drastically. Whichever political party wins elections, EVMs are not safe for democracy,” Nair said in a post on ‘X’.

Nair also posted the cover of a book by BJP Leader GVL Narasimha Rao on the credibility of EVMs.

The BJP created a record in Madhya Pradesh and came to power again after having ruled the state for 18 of the past 20 years.

Digvijaya Singh was an integral part of the Kamal Nath-led party campaign in Madhya Pradesh. Singh has been in politics since 1977 and is known for his outspoken and controversial views on various issues. He is currently a Rajya Sabha MP and a member of the Congress Working Committee (CWC). (ANI)

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Not Possible To Manipulate EVMs : Ajit Pawar

By LokMarg 8th April 2023

Nationalist Congress Party leader Ajit Pawar on Saturday backed the use of Electronic Voting Machines (EVMs) in the electoral process in the country and said that he has “full trust” in it and it is not possible to manipulate it.

Pawar said that the people who lose the elections start blaming the EVMs and fail to accept the mandate of the people.
Backing the EVM, the Maharashtra Leader of Opposition said that had the machines been faulty, there would not be governments of various opposition parties in numerous states of the country including West Bengal and Telangana.

“I have full trust in EVM personally. If EVMs were faulty, then we would not have governments of opposition parties in states like Chattisgarh, WB, Rajasthan, Punjab, Kerala, Tamil Nadu, Telangana and Andhra Pradesh. It is not possible to manipulate EVMs in our country. It is a big system altogether, lots of checks and balances are involved,” Pawar said while speaking to the media.

“If somehow it is proven that EVMs were manipulated, then there will be big chaos in the country. I don’t think anyone would dare to do such things. Sometimes some people lose elections but they think that they can’t lose it, then they start putting allegations about EVMs but in reality, it is the actual mandate of the people,” he added.

Praising Prime Minister Narendra Modi and his leadership, Pawar said that under him, the Bharatiya Janata Party returned to power in 2019 and he continued to become popular despite various remarks against him.

“Under PM Modi’s name, the party came to power in 2014 and reached sever remote places. After winning, a lot of statements were made against him but he got popular and under his leadership, BJP won in various states and repeated the same in 2019. If this is not the magic of PM Modi then what is? As far as education in politics is concerned, it is considered to be not much of importance,” the Maharashtra LoP said.

Earlier today, NCP chief Sharad Pawar reiterated his remark on the Adani issue and said there are more important issues such as price rise and farmers’ issues that the Opposition should raise instead of giving undue importance to the report by the US short-seller.

“Nowadays, the names of Ambani-Adani are being taken (to criticise the government) but we need to think about their contribution to the country. I think other issues such as unemployment, price rise, and farmers issues are more important and should be raised by the Opposition,” the senior Opposition leader said.

Addressing a press conference on Saturday, after his explosive interview with a television news channel, Pawar said there is “no need” for a Joint Parliamentary Committee probe into the Adani issue as the Supreme Court-appointed committee will be more reliable and unbiased in its probe into the claims made in the report against the Indian conglomerate.

“There is a certain structure to a JPC. If a JPC comprises 21 members, 15 of them will be from the government side, as the other parties can only have a maximum of 6 members. So, in all likelihood, the JPC report will only reaffirm the government’s position in the matter. So, I think instead of a JPC, a Supreme Court-appointed committee will be more reliable and unbiased,” Pawar said. (ANI)

MPs Seek More Clarity On Remote Voting During Parliamentary Panel Meet

By LokMarg 9th January 2023

Bharatiya Janata Party Rajya Sabha MP Sushil Modi led Department Related Parliamentary Standing Committee for Personnel, Public Grievances, Law and Justice on Monday discussed several issues including the Election Commission of India’s recent proposal of ‘remote voting for migrants’.

Senior officials of the Election Commission of India including Deputy Election Commissioners were present at the meeting.
In a detailed presentation before the parliamentary panel, the ECI said the matter of Remote Voting needs comprehensive analysis, apart from the technological issues.

“Necessary modifications required in The Representation of the People Acts, 1950 and 1951. The Conduct of Elections Rules 1961 and The Registration of Electors Rules, 1960 are being studied. However, such changes can only be proposed after larger stakeholder consultations,” the ECI said in its presentation.

The Election Commission further underscored before the panel that the definition of a domestic migrant for the electoral purpose has to be deliberated on and addressed.

“The District Election Officer/Returning Officer, a territory – based offices, are the most important authorities for a district/constituency as far as the elections are concerned. Now in a scenario of ‘Remote Voting’ wherein the voters of a constituency are spread across geographies, the definition and roles of DEO/RO have to be suitably modified as per the statutory need. Various other such aspects also need attention,” the Election Commission (EC) told the parliamentary panel while discussing the feasibility of remote voting.

On the technical viability of such machines, the ECI told the panel that Remote Voting Technology should be standalone like Electronic Voting Machines (EVM) and should not be network connected in any form to rule out any transmitting data in any possibility of loss, visibility of data. Accordingly, the ECI is working with the Technical Expert Committee and Electronics Corporations of India Limited (ECIL)/Bharat Electronics Limited (BEL),” sources said.

The ECI informed the parliamentary panel that all stakeholders would be taken on board before arriving at any decision on the timing and mode of vote by the eligible domestic migrants under the ‘Remote Voting’ model.

During the discussion in today’s meeting various political parties said that while electoral reforms were welcome it is important to ensure such steps taken are foolproof.

“None of us is against the reforms but there have to be specific questions that have to be answered on the viability- legal technical and legal of such a move”, a source privy to the developments of the meeting told ANI.

As per the available data from the 2011 Census, more than 45 crore Indian migrants were working away from their hometowns. This number now stands close to 60 crores.

During the meeting, the panel was informed that the ECI Officers have already made a presentation on the subject before the Parliament Standing Committee on November 25, 2O21 covering all important aspects including schematics of the Remote Voting Machine prototype.

It may be noted that the ECI has called for a meeting of all political parties on January 16 to show a demo of a multi-constituency electronic voting machine (EVM) retaining to facilitate remote voting while being able to retain all security features of the EVMs currently in use. (ANI)