New Delhi:
There must be sanctity in the election process, the Supreme Court today told the Election Commission of India, asking the poll body to explain in detail the steps followed to ensure free and fair elections. “This is an election process. There must be holiness. Let no one fear that something expected is not done,” said Justice Sanjiv Khanna and Justice Dipankar Datta.
The court is hearing petitions seeking cross-verification of votes cast on electronic voting machines (EVM) with paper slips generated through the VVPAT system. Senior advocate Maninder Singh, the poll body's counsel and poll officials are present in the court to answer the questions.
Advocate Nizam Pasha, appearing on behalf of one of the petitioners, said a voter should be allowed to take the VVPAT slip with him after voting and deposit it in a ballot box. When Justice Khanna asked whether such a process will not affect the privacy of the voter, Pasha replied: “The privacy of voters cannot be used to undermine the rights of the voter.”
Lawyer Prashant Bhushan then said that the light on the VVPAT machine should be kept on at all times – it now stays on for seven seconds. “One possible solution is that if they can't change the glass at this stage, then at least keep the light on all the time so I can see the slip cutting and falling. No privacy is compromised.”
Senior advocate Sanjay Hegde, also appearing on behalf of the petitioners, said there should be a separate audit to make the counting process more credible.
Mr Bhushan cited a report on mock poll results in Kerala, where additional votes were recorded for the BJP. The court asked Mr Singh to explain this. The election commission later said the report was completely incorrect.
Explaining the voting process, the poll body said the EVM control unit directs the VVPAT unit to print its paper slip. This slip is visible to the voter for seven seconds before it falls into a sealed box, Mr Singh said. The machines will be checked in the presence of engineers before voting, it added.
When the court asked whether there was any software in the VVPAT printer, the poll body replied in the negative. “There is a 4 megabyte flash memory in each PAT in which symbols are stored. The returning officer prepares the electronic ballot paper, which is loaded into the symbol loading unit. It gives a serial number, candidate name and a symbol. There is nothing in advance loaded. It's not data, it's an image format.”
When the court asked how many Symbol Loading Units were created for the poll, a poll body official said, “Normally one in a constituency. It is in the custody of the Returning Officer till the end of polling.” The court then asked whether this unit is sealed to prevent tampering. The Electoral Commission responded that such a process does not currently exist.
The Election Commission told the court that all voting machines go through the mock poll process. “Candidates are allowed to pick up 5 percent machines at random. The process is repeated on the day of election. VVPAT slips are taken out, counted and matched. All machines have different types of paper stamps. The moment a machine arrives for counting, the seal number can be checked,” an official said.
When asked by the court how a voter can check whether his/her vote has been cast, the official said that the polling station conducts demonstrations and organizes awareness programs for this purpose. The election commission also said voting machines are randomly assigned to constituencies. “No false unit can be associated with it. They only recognize sister units.”
The election commission told the court that the voting machines run on firmware and the program cannot be changed. The machines are kept in safe rooms that are locked in the presence of representatives of political parties.
The Election Commission said once the elections are over, the machines will be returned to safe rooms, which will be sealed in the presence of candidates. On the counting day, the locker rooms are opened in the presence of candidates.
The court then asked the election commission whether it is possible for a voter to receive a slip after voting. The poll body responded that this would compromise the secrecy of the vote and could be abused outside the voting booth. “We cannot say how it might be used by others,” the report said.
When the court asked why counting VVPAT paper slips takes more time and whether machines can be used for the purpose, the election body said the paper is thin and sticky and is not actually meant for counting.
According to the Supreme Court, there is a trust factor. “There seems to be a gap between what you tell us and what is available in the public domain. This must be bridged,” the report said. The pollster responded, “We have nothing to hide.”
“The confidence of the voters must be maintained and protected. How can we guarantee the integrity of (the) entire mechanism?” the court asked. “We will update the frequently asked questions,” the inquiry committee replied.
The counsel for the Election Commission said the petitioners' request to return to paper-based voting system is a “retrograde suggestion”.
The court noted that there should be a penalty for misconduct by a polling agent. “Any officer who fails to comply with the mandate will be a very serious matter,” the report said. When the Election Commission's counsel cited a provision for this in the Representation of Peoples Act, the court said, “Yes, that is a fine of Rs 500.”
What is VVPAT and what is the case
The VVPAT (Voter Verified Paper Audit Trail) allows a voter to see whether the vote was cast correctly and went to the candidate he/she supports. The VVPAT generates a paper slip that is kept in a sealed sleeve and can be opened if there is a dispute. Currently, VVPAT slips of five randomly selected EVMs in each assembly segment are being verified. Amid the opposition's questions and concerns over the EVM voting system, the petitions call for cross-verification of every vote.