There Is No Concrete Proof Of Hacking, Manipulating: Supreme Court On EVM-VVPAT Verification Case

While hearing the case to the Electronic Voting Machine (EVM) and Voter-Verifiable Paper Audit Trail (VVPAT), the Supreme Court stated that it was not the controlling authority for elections and thus could not dictate how the Election Commission (EC) functions. The court has also asked whether it can issue directions regarding EVMs “merely based on suspicion of hacking and manipulating, though there is no concrete proof”.

The judgement has been reserved by the court for now.

The Supreme Court will announce its verdict on the petitions filed by the Association for Democratic Rights (ADR) and others seeking directions to tally VVPAT slips with votes cast using EVMs during the elections.

The bench of Justices Sanjiv Khanna and Dipankar Datta has summoned a senior official from the Election Commission of India (ECI) to address specific queries for factual clarity. Among the key questions posed by the bench are:

• Is the microcontroller installed in the controlling unit or the VVPAT?
• Is the microcontroller that is installed one-time programmable?
• How many Symbol Loading Units are available?
• On the securing of EVMs, do both the control unit and VVPAT bear seals?
• The limitation period for filing an election petition is 30 days, and the storage and maintenance of records is 45 days. As per Section 81 of the Representation of People Act, the limitation period is 45 days. Clarification on the same is required, stated the court.

Senior advocate Maninder Singh, representing the poll panel, asserted that EVMs are standalone devices resistant to tampering, although acknowledging the potential for human errors.

The court also cautioned against excessive suspicion, noting that constructive feedback should coexist with acknowledgment of positive initiatives by the Election Commission.

Addressing advocate Prashant Bhushan, representing ADR, Justice Datta remarked that till date, there have been no reports of incidents of malicious programmes being loaded along with the symbol, due to which the court cannot control the election or another constitutional authority.

The petitions, filed by the Association for Democratic Reforms (ADR) and activist Arun Kumar Agarwal, advocate for comprehensive cross-verification of every vote through VVPAT slips. While Agarwal seeks the counting of all VVPAT slips, ADR’s petition urges the court to direct the EC and the Centre to ensure voters can verify that their votes are accurately recorded. The ADR also seeks the reversal of the EC’s 2017 decision to replace the transparent glass on VVPAT machines with opaque glass so the voter could see the slip when the light remains on for seven seconds.

The VVPAT system allows voters to verify their votes and serves as a backup in case of disputes. The machine generates a paper slip kept in a sealed cover that can be opened later in case of a dispute or doubt. Currently, VVPAT slips from five randomly selected EVMs per assembly segment undergo verification.