SC Notice To Election Commission On PIL To Examine EVMs Tampering

After political controversy over the tampering of Electronic Voting Machine (EVM), the Supreme Court issued notice to Election Commission of India (ECI) on a PIL seeking an order for testing of machines by foreign experts.

A bench headed by Chief Justice of India Justice JS Khehar asked ECI to respond to the PIL.

Advocate ML Sharma filed the petition saying EVMs which are not tested till date can't be relied as temper proof.

"When tampered by the criminals for vote-stealing by changing voting numbers in favour of a political party for grabbing power, it’s a fraud upon the basic structure of democratic constitutional systems which is not only liable to be stopped but also investigated and ," as per the PIL.

Citing the recently held elections in UP and Uttarakhand, the petitioner said

"There is now a serious and substantial body of evidence for vote-stealing by tampering with EVMs.

PRAYERS

• Be pleased to issue writ of mandamus to the respondent no.2 to get examined quality, software / malware and Hacking effect in the EVMs from a reliable electronic lab/ scientist and software expert and to file their report before this Hon’ble Court for further action / Prosecution.


• Be pleased to issue writ of mandamus to the respondent no.2 to register a F.I.R. u/s 466 & 467 r.w. 120-B of IPC and others to investigate tempering of the EVMs machine for vested interest by the political party and to file their report before this Hon’ble Court for further action / Prosecution.


• Be pleased to initiate suitable action for none compliance of the order dt.18.10.2013 in Civil appeal no. 9093 of 2013 (Annexure P-4) passed by this Hon’ble court in the interest of justice.

GROUNDS

• Because despite order dt.8.10.2013 respondent no.1 , due to political conspiracy having hand with the than political parties , did no effort to collect and arrange VVPAT paper trail machine. They did not even approached to this Hon’ble court if central / state government have not provided required fund. There was no technical and financial crunch. Within this all aspect it is prima facie proved that Respondent no.1 knowingly and deliberately imposed EVMs machine for effecting election result in selected/ required state and part of the country.


• Because it is admitted by the Election commission itself that EVMs voting machines is tempered proof till its technical, mechanical and software details are remain secret which can be detected via reverse engineering by any expert. Wireless device/ software can be prepared via reverse engineering and with the help of it voting records can be changed in any location & at any time. According to Election commission itself 71 EVMs are stolen and belongs to than opposition parties since 2009 therefore it is prima facie appeared/ proved that after revere engineering a wireless software has already been prepared and used in various election since after 2010 for favouring election result. Therefore general and state election after 2010 conducted by EVMs has been manipulated and forged for graving power with the help of wireless device which is liable to investigated & tested via foreign electronic lab for further criminal action & prosecution u/s 466 & 467 r.w.120-B of I.P.C.


• Because within the serious and substantial body of evidence for vote-stealing by tampering with EVMs it is proved that political party and their candidates have controlled EVMs via wireless remote control device or fixing malware in software which is not investigated/ examined by any electronic software and computer expert. Within recently, fraud and tampering complaint in Feb 2017 MCD election in Mumbai where Zero votes were recorded in favor of an independent candidate while he and his family had voted for himself, prove further that one of the political party having such wireless device to change voting result.