Can't control elections or pass directions on basis of suspicion, SC tells EVM critics

The Supreme Court on Wednesday reserved its judgement on several petitions questioning the reliability of Electronic Voting Machines (EVMs), stating it lacks the authority to “control the elections” or issue directives based on mere doubts about EVMs.

The petitions suggest that EVMs could be manipulated to alter election outcomes.

The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, highlighted that it cannot alter the mindset of those sceptical about EVMs who favour a return to paper ballots.

The bench reserved its verdict on a batch of pleas seeking complete cross-verification of votes cast using EVMs with Voter Verifiable Paper Audit Trail (VVPAT), after taking note of the answers to queries it had posed to the Election Commission.

It sought answers from an official of the poll panel to five questions related to the functioning of EVMs including whether the microcontrollers fitted in them are reprogrammable:

1. Is the microcontroller housed in the control unit or the VVPAT?

2. Is the microcontroller programmed only once?

3. How many symbol loading units are in use?

4. The EC previously stated that EVMs are retained for 30 days, citing a 30-day limitation period for filing an election petition. However, the Representation of the People Act specifies a 45-day period. Could you clarify this inconsistency?

5. Are the EVMs, VVPATs, and control units stored together or separately?