Skip to main content

Supreme Court 'overlooks' possibility of inserting malafide content in VVPAT

By Sandeep Pandey* 

The Supreme Court in its judgement has backed the system of Electronic Voting Machine and Voter Verifiable Paper Audit Trail that is used in India for conducting elections and simply refused to consider the option of going back to ballot paper. The inherent argument is that technology has improved a number of things like precluding the possibility of bogus voting, eliminating human errors, reduction in time in counting of votes, etc. and if anything, technology should be further improved like using bar codes on paper slips, etc.
The Supreme Court says that rising voting percentage reflect voters’ faith in the EVM. This is a vacuous argument. Common people in this country have to pay bribes, including in Courts to get the next date of hearing, to get things done in the government-administrative system. Does it mean that they have faith in this system? 
People have no choice, if they don’t want to he harassed. Similarly, without providing the alternative of ballot paper, when the Election Commission, government, non-government agencies, political parties are all urging people to go out and vote, if people are forced to vote through EVMs it doesn’t mean that they have faith in the voting system. 
It would do the Supreme Court judges good if they were to just move around among common people, especially in rural areas, and get some ground level opinion, directly or indirectly. They’ll be surprised how much people don’t trust the machine. Have they not seen visuals of people going inside the booth and smashing the EVMs on ground during the ongoing elections? The disenchantment is widespread.
Banarsi, resident of Village Chandpur Faridpur in Mehmoodabad tehsil of district Sitapur, says that in last election he pressed the election symbol of Elephant on EVM but saw Lotus inside the glass of VVPAT and therefore doesn’t have any faith in EVM. Similarly, retired IAS officer from UP Anees Ansari, aligned with the Congress party now, says he saw Lotus in the VVPAT even though he had pressed the EVM button on another symbol. 
Yet, Election Commission says so far it has received 25 complaints of mismatch and all were found to be false. If the complaint is found to be false then the voter is liable to be penalized. The present system does not allow Banarsi or Anees Ansari any evidence to prove their claim. Hence the possible penal action acts as a deterrence against any voter contemplating filing a complaint.
The EVM system has three components -- Control Unit, Ballot Unit and VVPAT, all of which have microcontrollers. As they are randomly allotted to constituencies much before the elections and then kept in strong rooms, any possibility of tampering before the finalization of candidates is ruled out. An engineer from the manufacturers, ECIL or BEL, comes with a laptop computer roughly within 15 days before the polls and loads the final list of symbols through a Symbol Loading Unit onto the VVPAT. 
The names and symbols of candidates are manually pasted on the BU. The BU and CU are candidate and symbol agnostic, which implies that the one time programme loaded in them at the time of manufacture doesn’t know the position of candidate or symbol beforehand. However, some mischief is possible, because of human intervention necessary, just before the polling with the VVPAT when symbols are being loaded in a particular order there. 
It is possible to introduce some malafide content in the bitmap file which is loaded from the SLU onto the VVPAT. The judges of SC have completely overlooked this possibility. To understand this one needs to see the demonstration of a contraption designed by Rahul Mehta, an IIT Delhi and US trained engineer, who shows how opposition party votes and can converted into symbols of party preferred to win. That is how Rahul Mehta has programmed his machine. 
 Rahul Mehta, IIT Delhi and US trained engineer, has demonstrated how opposition votes can converted into symbols of another party
Now his design may not be the same as being used by ECI but any attempts to procure the design of EVM system being used by ECI, even by paying the cost, have proved to be futile. The ECI will simply not allow anybody to look at the source code loaded in the machine and the SC concurs with this stand.
The saving grace of the SC judgement is to allow SLUs also to be in strong rooms for 45 days, just like the BU, CU and VVPAT, after the elections and allowing the candidates getting the second and third highest votes to examine the software of the EVMs, at their own cost, if they doubt the result. This will certainly act as a deterrence against possible mischievous manipulation in the software.
Final argument against removal of EVMs that is made is about the cost incurred so far. This is also specious, A large investment has gone into manufacturing the EVMs and VVPATs. But countries like South Africa which made nuclear weapons and later found them useless, dismantled them. Nuclear weapons certainly costed more than EVMs.
Given the widespread suspicion over use of EVMs, it is best that we go back to the ballot papers under strict gaze of cameras. When the Supreme Court judge, hearing petition on EVMs, said that we do not want to even think about ballot papers, he probably did not have this in mind. In the Chandigarh Mayoral elections fudging of ballot papers was caught on the camera. 
Had the same thing been done through the EVM-VVPAT it would not have been caught as what happens inside the machine is hidden from everybody, including the unsuspecting officials overseeing the polls. The returning officer and observer are unaware of what goes on inside the machine and most administrative officers, in ignorance, support the use of EVMs.
---
*General Secretary, Socialist Party (India)

Comments

TRENDING

Hyderabad protest demands end to Operation Kagar as senior Maoist leaders killed in encounter

By Harsh Thakor*  A protest was held on June 17 at Indira Park in Hyderabad by the Shanti Charchala Committee, calling for an end to Operation Kagar and the start of peace talks with Maoist groups. The event brought together representatives from several political parties and civil society organizations. Among those who addressed the gathering were CPI (ML) New Democracy Central Committee member Vemulapalli Venkatramayya, along with leaders from the Congress, BRS, CPI, CPM, Telangana Janasamithi, MCPI, SUCI, CPI ML, RSP, and VCK. The programme also featured performances by cultural groups such as CLC, HRF, TVV, Arunodaya, Praja Kala Mandali, and Praja Natya Mandali. Public figures including actors Narayana Murthy and Tudundebba Upendar and academics like Professor Anver Khan and Professor Vinayaka Reddy participated as speakers.

Food security crisis persists in Gujarat despite NFSA: Survey reveals grim ground reality

By A Representative  A new field-based survey conducted in January 2025 across Dahod, Panchmahals, Morbi, and Bhavnagar districts has revealed alarming levels of food insecurity among vulnerable communities in Gujarat, ten years after the implementation of the National Food Security Act (NFSA). Conducted by Anandi – Area Networking and Development Initiatives (ASAA) and community organisations working with mahila sangathans, the Gujarat Food Security Survey covered 1,261 households, purposively chosen to reflect the experiences of marginalised populations including Adivasis, OBCs, single women, the disabled, and the elderly. The findings suggest that despite the promises of NFSA and wide coverage under the Public Distribution System (PDS), food deprivation remains widespread and systemic failures continue to exclude the most vulnerable.

Land under siege: A silent crisis, desertification is threatening India’s future

By Raj Kumar Sinha*  Desertification is emerging as one of the gravest environmental challenges of our time. Marked annually on June 17, the World Day to Combat Desertification and Drought reminds us that the fate of our planet’s land—and the billions who depend on it—is hanging in the balance.

Victim to cricketing politics, Alvin Kalicharan was a most organized left handed batsman

By Harsh Thakor* On March 21st Alvin Kalicharan celebrates his 75th birthday. Sadly, his exploits have been forgotten or overlooked. Arguably no left handed batsman was technically sounder or more organized than this little man. Kalicharan was classed as a left-handed version of Rohan Kanhai. Possibly no left-handed batsmen to such a degree blend technical perfection with artistry and power.

Central London discussion to spotlight LGBTQ+ ex-Muslim rights and persecution

By A Representative   On June 13, 2025, the Dissident Club in Central London will host a public discussion to mark the 18th anniversary of the Council of Ex-Muslims of Britain (CEMB) and to commemorate World Refugee Day. The event, scheduled from 7:00 to 9:00 pm, will feature speakers Ali Malik, Maryam Namazie, and Taha Siddiqui, who are expected to address the intersecting challenges faced by LGBTQ+ ex-Muslims globally.

Better halves lead the way as organic farmers, entrepreneurs and social reformers

By Bharat Dogra  Two major challenges continue to limit the full participation of rural women in development. First, their crucial roles, potential, and capabilities often remain underrecognized. Second, even when women are encouraged to take on broader responsibilities, the overarching development models may not align with their needs or perspectives and may even appear counterproductive. Under such conditions, it is unrealistic to expect women to engage as enthusiastic and creative participants.

Citizens demand judicial probe into Ahmedabad plane crash, cite neglect of intern doctors, victims' families

By A Representative    A wide coalition of concerned citizens, academics, medical professionals, social activists, and public intellectuals has submitted a petition to the Prime Minister of India demanding an urgent judicial inquiry into the recent tragic airplane crash in Ahmedabad that claimed over 240 lives. The petition, coordinated by the Movement for Secular Democracy (MSD), calls for a high-level judicial committee, headed by a retired High Court justice and comprising eminent citizens, to investigate the incident beyond the scope of the existing technical committee.

Hope from the Amazon: Land rights, indigenous voices, and the winds of change in Latin America

By Vidya Bhushan Rawat*  After several days of travel and digital silence, I returned from a rare and deeply moving journey into the Amazon region of Colombia. It was not just another field trip, but an opportunity to witness the pulse of Latin America’s land rights movement, firsthand.

Lepa Radić: A symbol of defiance and resistance, of fight against oppression

By Harsh Thakor*  December 29th marks the centenary of the birth of Lepa Radić, a Yugoslav Partisan whose courage during World War II continues to resonate through history. Born on December 19, 1925, in the village of Gašnica in what is now Bosnia-Herzegovina, Lepa Radić was only 15 when the Axis powers invaded Yugoslavia in April 1941. In response to the occupation, she joined the Partisan resistance, eventually becoming one of its most revered figures. At the age of 17, she was executed by the Nazis for her involvement, refusing until her death to betray her comrades.