SC seeks clarification from EC on functioning of EVMs

New Delhi: The Supreme Court on Wednesday sought clarification from the Election Commission on certain aspects regarding the functioning of the Electronic Voting Machines (EVMs), including whether the microcontrollers fitted in them are reprogrammable, and summoned a senior poll panel official. After listening to senior Deputy Election Commissioner Nitesh Kumar Vyas, the court 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 answers to queries it had raised before the Election Commission.

A bench of Justices Sanjiv Khanna and Dipankar Datta, which has reserved its verdict on a batch of pleas seeking complete cross-verification of votes cast using EVMs with Voter Verifiable Paper Audit Trail (VVPAT), said it needs clarification on certain aspects as there was some confusion in answers given by the EC in its 'frequently asked questions' (FAQs) on EVMs. "We went through the FAQs. We just wanted three-four clarifications. We don't want to be factually wrong but doubly sure in our findings and hence we thought of seeking the clarification," the bench told Additional Solicitor General Aishwarya Bhati who was appearing for the EC. It asked Bhati to call senior Deputy Election Commissioner Nitesh Kumar Vyas at 2 PM.

Vyas had earlier given a presentation to the court on the functioning of the EVMs. It flagged some points on which the court wanted clarification which relates to storage of EVMs, microchip in the controlling unit of EVMs and other aspects. "First clarification needed is with regard to microcontroller. Whether it is installed in controlling unit or in the VVPAT.

We were under the impression that the microcontroller is the memory installed in the control unit (CU). One of the questions in the FAQs indicates that it is also installed in the VVPAT,” the bench said.

The bench said that the court was informed that VVPAT has a flash memory. “The second thing which we wanted to know is whether the microcontroller is one-time programmable. It is because there are different types of microcontrollers.

It is a stand taken by the EC that the microcontroller is one-time programmable. Just confirm that,” the bench told Bhati.

Justice Khanna said that third clarification relates to symbol loading units as to how many are available with the poll panel. “We want to know how many are available with you (EC),” the bench said, adding that the fourth clarification is with regard to storage of EVMs for 45 days.