While delivering the judgment, Justice Datta stated “While balanced perspective is important but blindly doubting a system can breed scepticism and thus meaningful criticism is needed. Be it judiciary, legislature, etc., democracy is all about maintaining harmony and trust among all the pillars. By nurturing a culture of trust and collaboration we can strengthen the voice of our democracy,” Bar and Bench provided.

Justice Datta further said that “Instead of unwarranted distrust, a critical yet constructive approach guided by evidence and reason should be followed…to ensure the system’s credibility and effectiveness”.

The pleas in the matter had been filed by NGO-Association for Democratic Reforms, Abhay Bhakchand Chhajed and Arun Kumar Aggarwal. The petitioners had prayed that instead of the prevalent procedure, where the Election Commission cross-verifies EVM votes with VVPATs in only 5 randomly selected polling stations in each assembly constituency, all VVPATs be verified. They further sought measures to ensure that a vote is ‘recorded as cast’ and ‘counted as recorded’.

It is essential to note that the Supreme Court bench had reserved its judgment on April 18. The matter was listed again on April 24 as the Bench wanted some technical clarifications from the Election Commission. The clarifications sought by the officer of the Election Commission were regarding the installation of the micro-controller and whether the same is one-time programmable or not. In addition to this, the bench had asked about the sealing of both the control unit and the VVPAT of EVMs, the number of Symbol Loading Units available and the limitation period for filing election petition. Taking into consideration the answers provided by the officer, the judgment was pronounced today.

Notably, as reported by LiveLaw, a total of two separate yet concurring judgments have been authored by the Bench in the said matter. During the delivery of the judgment, Justice Khanna said “We have elaborately discussed the protocols, technical aspects.” 

Directions issued by the Supreme Court:

The following directions were issued by the bench to the Election Commission of India (ECI) and other authorities:

1. Sealing and securing symbol loading unit: That on completion of the symbol loading process in the EVM undertaken on or after May 1, 2024, the symbol loading unit should be sealed and secured in containers. The bench directed the candidates and their representatives to sign the seal. It was further directed that the sealed containers containing the SLUs shall be kept in the store rooms along with the EVMs at least for 45 days post the declaration of results. The same will then be opened and sealed like EVMs.
2. Checking and verification of burnt memory: The bench allowed for the verification of the burnt memory semi-controller of 5% of EVMs per assembly segment of a parliamentary constituency in case a written request for the same is made by either of two runner-up candidates, after declaration of results. As provided by Justice Khanna, the burnt memory semi controller in 5% of the EVMs, i.e. the Control Unit, Ballot Unit and the VVPAT, per assembly constituency per parliamentary constituency shall be checked and verified by a team of engineers from the manufacturers of the EVM post the announcement of results upon a written request by the runner-up candidates.

Notably, such a request by the candidates has to be made within 7 days of the declaration of the results. The bench further directed that the actual cost of the verification process has to be borne by the candidate making the said request. However, in case any discrepancy or tampering is found to have taken place with the EVM, the aforementioned expenses will be refunded.

The bench additionally directed that while making the request for verification, the candidates or their representatives shall identify the EVMs sought to be checked by the polling station or the serial number. The request is to be made within 7 days from the date of declaration of the results and all candidates (and their representatives) shall have the option to remain present at the time of verification. Notably, the bench directed that the district election officer shall certify the authenticity of the burnt memory;

It is crucial to note that Justice Khanna further asked the ECI to examine the feasibility for introducing an electronic machine for vote counting the paper slips. Furthermore, the Bench asked the ECI to consider whether, along with the symbols, there can be a bar code for each party.

Related:

ECI issues notice to Congress president Mallikarjun Kharge after receiving complaint from BJP alleging violation of electoral laws by Rahul Gandhi for delivering “scurrilous” speeches against Prime Minister Modi

ECI issues notice to BJP party, and not the star campaigner himself, over alleged hate speech delivered by PM Modi, seeks response by 11 am, April 29

Is the Indian EVM & VVPAT System free, fair, fit for elections or can it be manipulated?

EVM security: Whose responsibility is it anyway?

The post VVPAT-EVM Verification: SC issues directions for fool-proofing EVM, sealing of EVMs & SLUs enabling runner-up candidate verification appeared first on SabrangIndia.

Samajwadi Party president Akhilesh Yadav has made serious allegations against the Uttar Pradesh government, accusing it of ‘stealing’ Electronic Voting Machines (EVM), ahead of March10, when the counting of votes cast in the Assembly polls is due to take place. Scores of videos have been shared since March 8 evening showing a truck reportedly loaded with EVMs being caught in Varanasi.

Yadav warned, “Exit polls are creating a perception that BJP is winning… I instruct our party workers to keep a constant vigil on the places where EVMs are kept.”

वाराणसी में EVM पकड़े जाने का समाचार उप्र की हर विधानसभा को चौकन्ना रहने का संदेश दे रहा है।

मतगणना में धांधली की कोशिश को नाकाम करने के लिए सपा-गठबंधन के सभी प्रत्याशी और समर्थक अपने-अपने कैमरों के साथ तैयार रहें।

युवा लोकतंत्र व भविष्य की रक्षा के लिए मतगणना में सिपाही बने!

— Akhilesh Yadav (@yadavakhilesh) March 8, 2022

The Samajwadi Party, led by Akhilesh Yadav has posed a massive challenge before the incumbent Bharatiya Janata Party (BJP) government led by Yogi Adityanath. This appears to have triggered the BJP, whose entire campaign has focused on attacking SP as its Opposition, and accusing it of ‘favouring Muslims’ even though the SP is not in power at the moment. Once the polls closed, it was farmer leader Rakesh Tikait, who raised concerns about the possibility of disruptions, or anticipated problems where EVMs were stored. 

Now the SP has levied massive allegations that EVMs were “being stolen from a counting centre” in the Prime Minister’s constituency Varanasi just ahead of the counting of votes. Yadav has accused the government of “theft”, and reminded, “In 2017, the BJP’s winning margin on nearly 50 seats were less than 5,000 votes.” Citizens were out on the streets of Varanasi till late on March 8 night, demanding that the allegations of EVM theft be investigated. SP workers have also been out on the streets keeping vigil in various parts of the state. 

As soon as the initial videos of some EVMs found in a truck were circulated on social media, Kaushal Raj Sharma the District Magistrate (DM) of Varanasi said these “EVMs were not the ones used for voting and are just being used for ‘hands-on training’”. He did not clarify why ‘hands-on training’ was to be given on the eve of counting day, but has also accused “some political parties” of “spreading rumours”.

The Election Commission too backed DM Sharma’s explanation and said in an official press release, “As per a probe by the district election officials, it has been found that these EVMs had been marked for training purposes. A training programme has been organised on March 9 for officials who will be part of the vote counting process. That is why the EVMs were being taken from the food godown in Mandi to the training venue in UP College.” The entire press release may be read here in Hindi:

This issue has put the supporters of SP-alliance on high alert, especially in Varanasi. According to Suheldev Bharatiya Samaj Party (SBSP) chief Om Prakash Rajbhar he  “doesn’t believe a word” of the magistrate’s explanation. “Three vehicles left with EVMs covered in gunny sacks. Two vehicles have escaped, somehow one was caught. There are strict guidelines by the EC that if any EVM leaves the strong room, the candidate, district officials are given a notice and EVMs are moved under all [security] force. But they did not do that, they were moved clandestinely, with an intention to change EVMs. Till the DM and Commissioner remain [posted] there the counting will not be done properly, there will be no justice. We have written to the EC that we will not allow counting till they are removed. Let us see what they do. Our job is to say it [raise concern] their job is to implement it.”
 

According to SP state president Naresh Uttam Patel and party spokesman Rajendra Chaudhary, a complaint has been made to the Election Commission, which has assured them of action. The Samajwadi Party may also file a petition in the High Court on the issue, stated news reports.

The DM maintained that the EVMs that were used in the elections “are all sealed in the strong room in the possession of CRPF and there is CCTV surveillance which is being watched by people of all political parties.” DM Sharma said, “Counting workers’ second training is scheduled for tomorrow [March 9] at a UP college. 20 EVMs were being taken on a pickup van for hands-on training. It was stopped by some people, and a confusion arose among them if they were polled EVMs. Later a huge crowd gathered. All officers came here, they tried to explain to them but due to the crowd now all candidates and chiefs of political parties have been called for their satisfaction that the EVMs that were being taken, were for training purpose only.” He repeated that the polled EVMs are kept in the strong room and “barricading is done, there is no reason to breach the barricading. There are other strong rooms and godowns for other EVMs (meant for training). Both sets of EVMs are not connected to each other, it’s being clarified.”

According to a report in NDTV, he claimed that the EVMs “were going to a local college from the storage area at the Mandi counting centre” and added that the truck carrying 20 EVMs that was seen on the viral video can be checked by anyone, and that “there is CCTV here and all over the campus. Anyone can check that (footage) too, so this matter ends here… These EVMs will not be moved again so that no further controversy is created.”

However, Akhilesh Yadav countered this saying, “Now that the EVMs have been caught, the officials will make multiple excuses…” and asked “if there was no suspicious activity, how did two trucks with EVMs escape? You cannot move any EVMs from anywhere without the consent of candidates.” He made another serious allegation saying, “We were getting information that a principal Secretary to the Chief Minister was calling District Magistrates, saying ‘counting should be slow wherever the BJP is losing’. In the last election, the BJP had won 47 seats with a margin of less than 5,000 votes,” the Samajwadi Party chief said. Now that the exit polls are “adding to the perception that the BJP is winning, any theft that may be happening is sidestepped,” he said. Meanwhile Samajwadi Party workers confronted senior police officials in Varanasi over allegations of EVMs being transported.

Samajwadi Party workers confront senior police officials in Varanasi over allegations of EVMs being transported. Officials clarify, EVMs not used in polling were transported to another location for training purpose. pic.twitter.com/PuEWxbWQ9U

— Piyush Rai (@Benarasiyaa) March 8, 2022

Most exit polls, have predicted the BJP’s return to the UP Assembly, where the half-way mark is 202. Some polls predicted a thumping majority and landslide victories for the BJP, and others pointed towards a slimmer margin of victory with SP making considerable gains. Yet others are predicting a victory for the Samajwadi Party (SP). Yadav, however, has been confident and tweeted “We are forming government” after the elections ended.

सातवें और निर्णायक चरण में सपा-गठबंधन की जीत को बहुमत से बहुत आगे ले जाने के लिए सभी मतदाताओं और विशेषकर युवाओं का बहुत-बहुत आभार!

हम सरकार बना रहे हैं! pic.twitter.com/cAcLBHM8x5

— Akhilesh Yadav (@yadavakhilesh) March 7, 2022

On Monday, Akhilesh Yadav had written to ECI over misbehaviour with West Bengal chief minister Mamata Banerjee in Varanasi during her visit last week, calling it “a security lapse”. According to SP national secretary Rajendra Chaudhary, “SP national president Akhilesh Yadav has written a letter to the ECI over misbehaviour by BJP workers with West Bengal chief minister Mamata Banerjee during her visit to the Varanasi recently, saying that the ECI has not acted on the complaint made to it by the SP earlier.” Akhilesh Yadav, in his letter, also made a reference to the original complaint made by Rajendra Chaudhary on March 4 regarding the incident, stated news reports. Chaudhary said, “Akhilesh Yadav, in the letter, has asked the ECI to immediately decide on those BJP workers and take action against them.”

In that letter, Akhilesh Yadav had stated that West Bengal chief minister Mamata Banerjee, who is a Z-plus security protectee, had reached Varanasi on March 2 and when she was in the Lahurabeer area on the way to Dashashwamedh Ghat from the airport, when nearly 60 people armed with “dangerous weapons and lathis” blocked her way and damaged her car,” adding that despite Mamata’s security category, only a handful of police personnel were deployed. Yadav had demanded action against the Varanasi administration and those who misbehaved with Banerjee.

Related:

Assembly Election Exit Polls: Will media pundits be proved wrong again?

Assembly Elections: Large turnout among women voters

Assembly polls: 40,395 model code of conduct violations lodged with EC 

The post EVM security: Whose responsibility is it anyway? appeared first on SabrangIndia.

“At least 200 EVMs have been changed… arrangements will be made overnight,” the man claiming that the just concluded Uttar Pradesh Assembly elections have been compromised, and giving an example that at least 200 EVMs have been replaced, in an updated video that came to light on March 6 has been identified as Narendra Kharwar, a former Sadar Block chief of Maharajganj. The video was shared  on social media by Lucknow based journalist Manish Pandey, who added that  Kharwar is known to be “a family friend of Minister of State for Finance Pankaj Choudhary”. Kharwar did not correct the (off screen) person questioning him about the “fixing if BJP was winning” and being called a “BJP supporter.  

प्रस्तुत वोडियो में कलाकार हैं महाराजगंज के पूर्व सदर ब्लाक प्रमुख , नाम है नरेंद्र खरवार । वित्त राज्य मंत्री पंकज चौधरी के पारिवारिक मित्र के तौर पर इनकी पहचान है क्षेत्र में । वीडियो में बोल रहें है कि चुनाव में 200 ई वी एम बदल दी गई है । वीडियो का संज्ञान लेते हुए इनके खिलाफ pic.twitter.com/UfqzrsiJPR

— MANISH PANDEY (@ManishPandeyLKW) March 6, 2022

Taking cognizance of the viral video, the Election Commission issued a statement late night on March 6, that they have registered a case and are investigating. They however do not identify the man claiming EVMs have been changed, even though his identity and affiliation as a BJP supporter has been established earlier. It is not yet known what action has been taken against the man, or what the details of which constituency those EVMS he spoke about were from.

चुनाव आयोग ने मुकदमा दर्ज कर लिया है । pic.twitter.com/21GV6i5UE4

— MANISH PANDEY (@ManishPandeyLKW) March 6, 2022

According to a report in youtube new channel The Live TV, aired from Varanasi EVMS have been tampered with. This report too plays the video out, and again asks where the man close to the minister got the information of the alleged EVM tampering or replacement. 

The official Twitter Handle of Samajwadi Party has also been reporting various allegations of irregularities such as “fake voting is being done by BJP workers at booth number 338 of Gopalpur Vidhan Sabha 344 in Azamgarh district,” and tagging Election Commission and District Administration in its ‘complaints’ on social media

आजमगढ़ जिले की गोपालपुर विधानसभा 344 के बूथ संख्या 338 पर बीजेपी कार्यकर्ताओं द्वारा फर्जी वोटिंग कराई जा रही है चुनाव आयोग और जिला प्रशासन सैयां ले @ECISVEEP @ceoup @dmazamgarh

— Samajwadi Party (@samajwadiparty) March 7, 2022

The SP also alleged that there was “booth capturing” at booth number 224 of Jaunpur 366 assembly of Jaunpur district. The SP twitter handle had made scores of such allegations and reports public by the end of voting on March 7. 

जौनपुर जिले की जौनपुर 366 विधानसभा के बूथ नंबर 224 पर बीजेपी के लोग बूथ कैप्चर कर रहे हैं मामले का संज्ञान लेकर कठोरतम कार्रवाई करें चुनाव आयोग।@ECISVEEP@ceoup

— Samajwadi Party (@samajwadiparty) March 7, 2022

वाराणसी जिले की वाराणसी साउथ 389 विधानसभा के बूथ नंबर 222 पर फर्जी वोटिंग कराई जा रही है मामले का संज्ञान लेकर तत्काल कार्रवाई करते हुए सुचारू एवं निष्पक्ष मतदान सुनिश्चित कराएं चुनाव आयोग।@ECISVEEP @ceoup @dmvaranasi2016

— Samajwadi Party (@samajwadiparty) March 7, 2022

Once voting is complete, the EVMs are sealed and stored in a strong room that is guarded till the counting begins, on March 10 in this case of the candidate or a representative, who will be allowed to put their seals or locks again after the room is closed. According to some local reports there have been some discrepancies in the voter-verifiable paper audit trail (VVPAT slips as they are known ) reported as well. A voter is seen telling a journalist that he was given a slip that disclosed identities of the voter, and who he voted for in Booth 420, Varanasi North (388) at the Muslim Inter College. 

Hijacking the democratic right is the only way out for the people in power. Election commission must act swiftly Booth 420, Varanasi North (388) @ECISVEEP @ndtvindia @TheLallantop the booth number says it all. pic.twitter.com/I2uZLiKOua

— Tehcno_scrub (@Alian172) March 7, 2022

Political activist Yogendra Yadav has also shared a video from March 6, allegeding that “It is Gujarat Police who has come to conclude the elections in UP” the clip was reportedly “on the route from Narayanpur, District Mirzapur to Varanasi. The policeman wearing the Gujarat Police Id on his shoulder claims “Gujarat people will not be against… Yogi will come in UP” and when asked if that was why he came here [to UP] replies confidently “yes that is why we have come [here]” adding “let them record [a video] Yogi will come”. 

देखिए! यह गुजरात पुलिस है जो यूपी में चुनाव संपन्न करने आई है।
यह वीडियो आज 6 मार्च का है, नारायणपुर,जिला मिर्जापुर से वाराणसी मार्ग पर।
अब चुनाव आयोग का क्या कहना है? pic.twitter.com/MJV3bU792b

— Yogendra Yadav (@_YogendraYadav) March 6, 2022

गुजरात पुलिस की उपस्थिति और तैनाती के और साक्ष्य https://t.co/UGDAlRap0K pic.twitter.com/sRhDl09Cdx

— Yogendra Yadav (@_YogendraYadav) March 7, 2022

While District Magistrate, Varanasi had claimed this was a ‘rumour’ On March 7 Mirzapur Police responded and posted that “the said constable has been removed from duty point and necessary action is being taken”.

कृपया अफवाह ना फैलायें। गुजरात पुलिस की कोई भी कंपनी वाराणसी जनपद में निर्वाचन ड्यूटी या किसी अन्य ड्यूटी के लिए नहीं आई है।

— DM VARANASI (@dmvaranasi2016) March 7, 2022

उक्त ट्वीट के सम्बन्ध में अवगत कराना है कि उक्त आरक्षी को ड्यूटी प्वाइंट से हटा दिया गया है तथा आवश्यक कार्यवाही की जा रही है ।

— Mirzapur Police (@mirzapurpolice) March 7, 2022

Allegations of faulty voting are not new, public interest lawyer and activist Prashant Bhushan had shared on March 1 that votes of some women voters were purportedly cast by someone else.

And who is this fellow who appears to be casting votes of these poor unsuspecting women @ECISVEEP? pic.twitter.com/deppttO7jh

— Prashant Bhushan (@pbhushan1) March 1, 2022

Related

Uttar Pradesh: Poll Day ‘campaigns’ continue online?

UP Assembly Election: Did voter turnout drop in later phases?

Alleged bogus voting, faulty EVMs reported: CJP to UP SEC

Losing candidate can be declared winner: Rakesh Tikait’s alert for UP Assembly Elections counting day  

The post “Self-confession of 200 EVMS replaced,” ECI registers a case appeared first on SabrangIndia.

The Election Commission of India (ECI) has ordered a repoll at a booth in the Ratabari assembly constituency in Assam after there were allegations that the Electronic Voting Machine (EVM) used at No. 149- Indira M.V. School may have been tampered with. It appears that the EVM had found its way into a vehicle owned by the local BJP candidate, and now the ECI has offered an explanation that few are buying.

Polling took place at this location on April 1, after which the polling party was returning in a convoy escorted by an armed police escort. It was raining and the road was muddy and there was a traffic congestion on NH8, the only arterial highway leading into Karimganj.

According to the ECI, at about 9 P.M, just as the convoy was approaching Nilam Bazar, the vehicle that was carrying the EVM broke down. This vehicle had been allotted by the District Collector’s office. Curiously, this happened with the rest of the convoy nowhere near them!

According to a statement released by the ECI, “Due to the traffic congestion and the prevailing weather condition, the party became detached from its convoy. The party alighted from the vehicle and called the Sector Officer Sri Ajoy Sutradhar on his mobile and informed him. While the sector officer was arranging for an alternate vehicle, polling party decided to arrange a vehicle of its own so as to reach the Material Receipt Centre faster since they were in custody of polled EVMs.”

This is when trouble began as shortly after this, “At about 2120 hrs, the polling party hailed a passing vehicle and boarded it along with their EVM and other things without checking the ownership of the vehicle bearing the number AS-10B-0022.” Curiously, this vehicle that they just “hailed” turned out to belong to the wife of the local BJP candidate. 

Meanwhile, just as they reached Kanaishil in Karimganj at about 2200 hrs while travelling in the BJP leader’s vehicle, they had to slow down in the traffic. “As they slowed down, they were surrounded by a mob of about 50 people which started pelting stones at them. The mob also started abusing them and did not allow the vehicle to pass. When they asked the leader of the mob, he replied that it was the vehicle of Sri Krishnendu Paul who is a contesting candidate of a neighbouring constituency (Patharkandi LAC-2) and he levelled allegations that the EVM was being taken to be tampered with,” said the ECI.

The mob accused them of taking the EVM for tampering with it. It attacked them and held them hostage. DEO Karimganj along with SP Karimganj reached the spot at about 10:20 P.M, just as the mob had managed to break the glass of the surrounded vehicle by pelting stones at it. They were allegedly pulling away athe polling party and about to assault them. According to the ECI, “During the course of the stone pelting, SP Karimganj sustained minor injuries on his collarbone and blank firing had to be resorted to disperse the mob. The first polling officer was found missing in the commotion, the EVM’s and the remaining polling party along were safely escorted from the area and taken into the control of the DEO at 2320 hrs.”

Meanwhile, the vehicle “was found to be was registered in the name of Smti. Madhumita Paul, Wife of contesting candidate, Patharkandi LAC No 2, Shri Krishnendu Paul,” said the ECI.

The Congress had raised serious concerns over the conduct of polling officials. Priyanka Gandhi retweeted a video of the incident and demanded answers from the ECI.

Every time there is an election videos of private vehicles caught transporting EVM’s show up. Unsurprisingly they have the following things in common:

1. The vehicles usually belong to BJP candidates or their associates. ….

1/3 https://t.co/s8W9Oc0UcV

— Priyanka Gandhi Vadra (@priyankagandhi) April 2, 2021

.. The EC needs to start acting decisively on these complaints and a serious re-evaluation of the use of EVM’s needs to be carried out by all national parties. 3/3

— Priyanka Gandhi Vadra (@priyankagandhi) April 2, 2021

Rahul Gandhi too wondered about the BJP’s alleged role in the matter:

EC की गाड़ी ख़राब,
भाजपा की नीयत ख़राब,
लोकतंत्र की हालत ख़राब!#EVMs

— Rahul Gandhi (@RahulGandhi) April 2, 2021

The Congress also questioned how the BJP vehicle became available within minutes of the designated vehicle breaking down.

As far as the EVM is concerned, the ECI said, “On examination, the polled EVM comprising of BU, CU and VVPAT was found to be with its seal intact without any damage whatsoever. All the items have been deposited in the strong room.”

The first polling officer meanwhile remained missing till the morning and was said to be hiding in the bushes nearby to save himself from attackers. Search operations took place all night and this apparently delayed the transmission of the report by a few hours according to the ECI.

Meanwhile, action has been taken against the polling officials. According to the ECI, “Presiding Officer was issued show cause notice for violation of the transport protocol. Thereafter, the PO & 3 other officials have been placed under suspension.”

The ECI has also ordered a repoll saying, “Although the seals of the EVM were found intact, it has nevertheless been decided to do a re-poll at No. 149- Indira M.V. School of LAC 1 Ratabari (SC) as added precaution.” They have also sought a report from the special observer.

The suspension order may be viewed here: 

However, suspending a few EC officials will not be enough. A proper inquiry needs to be conducted into the involvement of the BJP. Also, action needs to be taken against the candidate whose car was used, but curiously, there was no mention of any action against Krishnendu Paul.

Related:

Assam Assembly Elections: Phase two concludes

NRC officials awaiting SC order before issuing rejection slips

Complete process of issuing NRC rejection slips on “mission mode”: Centre to Assam

Assam Assembly Elections: Phase one passes without incident

The post Assam: ECI orders repoll in Ratabari, after allegations of EVM tampering appeared first on SabrangIndia.

According to news agency ANI, the High Court has directed the authorities to preserve the EVMs.

In the elections held in February this year Chauhan had defeated the Congress candidate, Navprabhat by over 6,000 votes.

Former Uttarakhand Chief Minister Harish Rawat had hinted at possible tampering of EVMs to tweak the poll outcome in Uttarakhand.

He had told reporters, “I want to thank ‘Modi Kranti’ (revolution) and EVM ‘chamatkar’ (miracle)… You know everything. I am not confusing you. I leave it to you to understand.”

In recent months several non-BJP parties have alleged tampering of the electronic voting machines by those allied to Hindutva.

The Aam Aadmi Party had blamed EVM tampering for the latest electoral success of the BJP in the MCD polls, where the latter won more than 180 seats despite 10 years of anti-incumbency and alleged misrule.

On repeated requests from the Chief Election Commissioner (CEC) for VVPAT (voter verifiable printer audit trail) equipment to attach to EVMs, the Modi government has recently sanctioned Rs 3,000 for the purpose. The CEC proposes to use only VVPAT enabled EVMs for the next general elections due in 2019.

The post Uttarakhand HC notice to CEC, officials directed to preserve EVMs from constituency won by BJP candidate appeared first on SabrangIndia.

In the recent concluded local elections in Maharashtra, serious accusations have been made about tampering with the Electronic Voting Machines (EVMs). Following the results of the District Panchayat and Mahanagar Palika polls, several complaints to the state election commission have alleged that EVMs had been hacked. The fraud has gone to inexcusable levels: in many places, a large difference has been noticed between the number of voters registered and the votes counted.
 
In Mumbai, it has been found that one candidate had secured '0' votes. In this context candidates of the respective parties have registered complaints before the Election Commission. Several parties across the political spectrum, the Shiv Sena, the NCP, the MNS, and the Congress candidates have lodged complaints about an alleged fraud within the EVMs.
 
Besides, tampering has also been alleged with the electoral rolls. During the polls of Mumbai Mahanagar Palika, 11 lakh voters lost their right to vote at the last moment, as their names were missing. Many of these were from underprivileged sections of society.
 
For example, in one ward of Nasik town it so happened that the number of votes cast were more than the total number of voters registered. In Yeravada ward of Pune, the number  of voters registered were 33289, but during counting votes cast were found to be 43324 (at least 10,000 higher!). In one area, after issuance of confirmation letter of victory under the article 194, a victory procession was taken out. Later on after one hour, the victorious candidate was told that the counting of one EVM was still pending. In that EVM all the votes cast were found in favour of BJP candidate and suddenly the results were overturned and the BJP candidate was declared as winner.
 
In the Sakinaka area of Mumbai also, one Independent Candidate Shrikant Sirsat secured '0' votes. He has maintained in his complaint that even when his family and neighbours had cast votes in his favour, the outcome was a Zero vote! In Nagpur also, NCP has raised a clear demand for inquiring into the ‘EVM scam.’ In Amaravati town, all the parties have together gotten together and called for a 'Bandh' against the misuse of EVMs. The protest received a good response. In Kolhapur, one former Judge of the High Court, B. G. Kolse Patil is on record saying that that as there is tampering with EVMs, and the necessity of a verifiable paper trail machine is inevitable. If it is not possible then a demand for 'back to ballot' should be made.
 
Similar incidents of election-related fraud have allegedly taken place in several locations in the course of the recent elections to five Indian States as learned from reports in the media. BSP supremo, Mayavati and all other opposition parties have levelled accusations alleging large scale irregularities committed through the EVMs in the recently concluded Assembly elections to the state of U.P. The accusations are serious, alleging as they do that through this alleged EVM tampering, the state election results have been actually manipulated.
 
The current outcry against EVMs this time being articulated by BSP’s Mayawati and Aam Admi Party’s Arvind Kejriwal have been echoed by senior BJP leaders in the past. In 2009, it was the BJP's Lal Krishna Advani, and Dr. Subramaniam Swami who had expressed severe distrust and doubts against EVMs and party's chief spokesman G.V.L. Narsimha Rao had even authored a book on the subject.
 
Many computer experts have opined that since the EVMs function through computer programming, this programming can be manipulated by hackers with requisite skills.  Technical experts assigned the job of keeping a vigil on the security of the EVMs also believe that it is not difficult for EVMs to be hacked.
 
In the year 2009 it was the BJP, then in the Opposition that had, accompanied with electronic experts, initiated a campaign across the length and breadth of the country, attempting to prove that EVMs can be tampered with. It was in response to this robust movement, that carried on till 2014, that a direction was obtained from the Supreme Court (SC): to implement the 'Voter Verified Paper Audit Trail' (VVPAT).  This needs to be urgently implemented. The Paper Trail is such a method, which allows a voter to obtain permission to verify whether his/her vote fell to the candidate that he voted for. This is how it works: After the voter casts his vote, a printed sheet comes out of the EVM which reveals, to him/her, who he/she had voted for. The Supreme Court (SC) has now, again, in 2017, — opining that for free and fair polls, the VVPAT is essential– issued one more directive to the Election Commissioner to ensure its implementation.
 
Through this Paper Trail Method of Verification, the sanctity and transparency of the electoral process can be maintained; and the credibility of the EVM machines can also be ensured. During voting a cross-check related to accuracy can be maintained and in the event of any controversy, through the manual counting of votes, any dispute can be resolved. For free and fair elections, such a Paper Trail is inevitable. By doing so, the trust of the people, the Indian voters on the EVMs can be regained.
 
Will the Election Commission responsible for the deliverance of free and fair elections implement the SC directive on the Paper Trail? Before complete faith on the electoral process is shaken, all concerned citizens and the organisations must make intense efforts for the compulsory implementation of the Paper Trail. Our demand must be that the Gujarat Assembly Polls must take place, in 2017 with the fall-back Paper Trail Method firmly in place. This is the need of the hour.

The post As Complaints of EVM Tampering, Electoral Malpractices Pour In, SC Directives on Paper Trail Verification Need Urgent Implementation appeared first on SabrangIndia.

Original photo: AFP

Accusations about the tampering of Electronic Voting Machines continue to be in news.

India’s EVMs have been carefully designed to avoid some of the well-known security problems with electronic voting machines in the West. But it is difficult to agree with Former Chief Election Commissioner SY Quraishi’s assertion that all the Election Commission needs to do is double down and more forcefully insist that the EVMs are secure because that is what they believe.

It is not about what insiders trust to be true about voting technology, but about what has been demonstrated to be true to the public about a particular election. Besides, no EVM, including the Indian ones, can be assumed to be invulnerable to a determined attacker. While India’s EVM design makes it harder to implement large-scale attacks, all EVMs do not have to be rigged. Machines judiciously chosen in constituencies that are more favorable to rigging, with the collusion of local individuals, after the random allocation described by Quraishi, could be sufficient.

Additionally, in a country with a very efficient counterfeit mafia, we cannot expect that printed paper seals will always expose tampering efforts, because they can be replaced with counterfeit ones.

Finally, a computer chip can be smart enough to know when it is being tested. For example, Volkswagen recently pleaded guilty to having software whose purpose was to detect that the car was being tested, so it could behave as expected and emit fewer pollutants. On the other hand, during regular use, it produced greater emissions. So testing machines at random is not enough to know whether they can be trusted to perform as expected during the real election, when they are not being tested. It thus stands to reason that the losing parties would be suspicious of an election outcome that relies solely on the electronic mechanism, which is not transparent to the voter.

When an electorate has reasonable and genuine concerns that an election could have been rigged – whether or not it was – you have a situation that is not conducive to a healthy democracy. We now have losers with concerns that the election was rigged, winners who would rather not know whether it was, and voters without an independent mechanism for determining the truth.

This has happened before: the Congress dismissed reports of security vulnerabilities when it won, and the BJP loudly voiced its concerns. Now, the shoe is on the other foot. In both cases the Indian voter has been left in a state of genuine uncertainty.
 

Evidence-based elections

Experts in voting system security propose evidence-based elections that are not vulnerable to problems, known or unknown, in the technology. Technology can be tested in order to reduce the likelihood of problems during use. However, the only way to ensure that the technology performed correctly is to examine the evidence to determine if it did.

For EVMs, the evidence would be in the form of a voter-verified paper audit trail or VVPAT, which records each vote on paper and allows the voter to verify the paper record before the vote is cast electronically.

Numerous countries have chosen to use paper in some form to record votes: 70% of the votes in the 2016 US election had a paper record. Neither Britain nor Germany use electronic voting for general elections. France has chosen to hand count its upcoming election; the Netherlands chose to hand count the most recent one.
 

Beyond paper trails

It is not sufficient to produce a paper record if it is going to be locked up, never to be seen again. The VVPAT should be stored securely, separate from the EVMs, and audited publicly after the election to determine that it is consistent with the declared election outcome. The audit can be very efficient, as it need not count each and every vote. A good audit polls votes at random and determines that the statistical properties of the votes it looks at are consistent with the election outcome.

Going beyond what is required by a Supreme Court order for a paper trail, the Election Commission had promised that all India’s EVMs will produce such a VVPAT for the 2019 general election. This is, however, not enough. The VVPAT should be audited to ensure that the election outcome is correct, and laws and procedures should be put in place for strong and transparent audits.

Quraishi asserts that the issue is not that electronic voting machines have been demonstrated to be insecure, but that the process with paper is more transparent. While security experts might differ with this interpretation of their work demonstrating security problems, everyone does agree that the use of paper greatly enhances transparency. In the execution of an election, transparency is the most important goal. The use of electronics obscures the process to the extent that any attempts to change the outcome would be very hard to detect. Attempts to change the election outcome would be detected in a transparent process, and transparency becomes the strongest part of the security arsenal.
 

Election audit

Any constituencies with a securely stored VVPAT should be audited for the recent elections. Future elections should ensure a paper trail that is verified by the voter. If EVMs with VVPAT are not available, paper ballots should be used, whether scanned and counted by the scanner, or hand counted. If the votes are hand counted, the counting should be public: observers should be able to view the ballot and note how it was counted. If the votes are scanned with an optical scanner which counts votes, the count should be audited, again in a transparent and public process. The paper trail should be stored securely till it is counted or audited. While there are challenges to securing the paper trail as well, an adversary intending to change election outcome would need to change both records in a consistent manner.

Election officials the world over resist audits because it increases their workload and because they trust the systems they have approved and/or used. One does not have to like the audit process, but one cannot claim free and fair elections without transparency.
Brush your teeth. Eat your bhindi. Audit your elections.

The Election Commission has, time and again, demonstrated itself as independent and up to the task of serving voters and democracy, even when this has required great effort. India’s democratic tradition, and its voters – who turn out in large numbers election after election, showing unmatched enthusiasm for, and faith in, democracy – deserve no less.

Poorvi L Vora is Professor of Computer Science at The George Washington University, Washington DC, USA.

This article was first published on Scroll.in

The post The great EVM debate: Convincing the losers that they lost appeared first on SabrangIndia.