Lok Sabha elections 2024: ‘No data, yet ECI, judiciary expect people to trust EVMs’

As per RTI revelations EVMs become defective in storage, even when nobody has touched them. File pic/PTI

The electronic voting machine has been a perennial point of discussion, for the losing candidate and its parties. Often doubts have been raised about its effective functioning. Venkatesh Nayak, Director, Commonwealth Human Rights Initiative, New Delhi, recently filed an RTI to EVM manufacturers.

He has asked Bharat Electronics Limited (BEL) and Electronic Corporation of India Limited (ECIL) for the names and contact details of the manufacturers/suppliers of various components of the EVMs and VVPATs that will be used in the upcoming Lok Sabha elections and State Assembly elections.

Venkatesh is one of the intervenors in the Supreme Court case, mid-day reached Nayak, here are excerpts from the conversation.

What prompted you to file an RTI on the EVM issue?
Since reaching voting age, I've participated in Lok Sabha, Vidhan Sabha, and urban local body elections, experiencing both paper and machine-based voting systems. Initially, I was supportive of machines for their perceived efficiency, however, my perspective has shifted after discovering inadequacies in the information provided by the Election Commission of India (ECI) regarding electronic voting machines (EVMs). Despite lacking comprehensive data, the ECI and judiciary expect us to trust these machines implicitly. I believe voters, not political parties, are the primary stakeholders in elections. Thus, I filed an RTI to obtain crucial information about EVMs that should be accessible to all voters.

ECI admitted to replacing EVMs during the 2019 Lok Sabha elections

We have had more than three elections since the EVM was introduced. Are you doubting the outcome of EVM?
The data obtained through RTI applications, reported by a prominent media house, reveals issues with EVMs. They often become defective in storage, even when nobody has touched them for months together. ECI admitted to replacing thousands of machines during the 2019 Lok Sabha elections. Unlike ballots, there's no detailed validation procedure for EVM votes. Lack of transparency raises concerns. More transparency from ECI and manufacturers is necessary before full trust can be placed in EVMs and their systems.

You had filed identical questions to BEL and ECIL under RTI, what was the reply?
Since 2018, I've submitted numerous RTIs to the two companies holding a state-backed duopoly on EVMs and VVPATs in India. They've been reluctant to share information about these machines. For instance, Bharat Electronic Limited (BEL) initially demanded an extra fee of over R1,500 for details, only to later reject my request entirely. Despite the designated officer knowing the information was accessible under RTI, a higher authority at BEL intervened to block disclosure. Recently, when I requested the names of EVM component manufacturers and related purchase orders, both companies dismissed the request without much consideration.

ECIL and the BEL manufacture EVMs and VVPATs for EC. File pics/PTI

Are you satisfied with the response?
No, they've cited an exemption clause to withhold information related to commercial confidence, trade secrets, or intellectual property that could harm a third party's competitive position. Electronics Corporation of India Limited (ECIL) claims that revealing purchase orders could compromise machine designs, despite assurances of foolproof security systems. This shift prioritises commercial interests over electoral integrity, where citizens have a significant stake. Electing a government entails more than blind trust. It demands concrete evidence of machine reliability. While faith may guide spiritual matters, solid evidence is essential for human affairs.

Did you challenge the RTI response with the appellate authority?
Not yet because I still have some more time. The limitation period for filing the first appeal is not exhausted and I am preparing my grounds for filing the appeals. Challenging these refusals is a sacred duty for a citizen like me because these machines are manufactured for our utilisation, primarily. The money we pay in the form of taxes is used by the ECI to buy them. The two companies which manufacture them are public sector enterprises i.e. the President as the first citizen is the majority shareholder on our behalf. So we the citizens have the right to know and must struggle for the practical realisation of this right.

Venkatesh Nayak, Director, Commonwealth Human Rights Initiative, New Delhi

The Supreme Court has dismissed the petition on the EVM trust issue. Your comment?
The court has ruled on the EVM-related petitions, and I respect its decision as a law-abiding citizen. However, while I hold the court in high regard, I must express my disagreement with its reasoning. The judgment predominantly reflects the views of the ECI, neglecting the arguments put forth by the petitioners, including myself as an intervenor. Despite providing evidence regarding the conflict of interest within the ECI's Technical Expert Committee, obtained through RTI, and highlighting discrepancies in the patent granted to BEL for VVPAT machines, these submissions were disregarded in the final judgement. The effectiveness of the court's directives remains uncertain. As a recent comment aptly noted, technology won over democracy in this instance.

Do you think people still have doubts about the EVM? Why?
Many are fully confident in voting machines, as I was until 2018. Others refrain from questioning due to uncertainty. Despite credible doubts about EVMs, the Centre for the Study of Developing Studies-Lokniti survey, known for reliability, was dismissed by the apex court. Jokes and memes about EVM concerns have become part of popular culture. Opposition parties lack resolve in addressing these doubts publicly, despite past court interventions leading to improvements like VVPAT machines. It's puzzling why they don't pursue the issue with evidence in court.

If not EVM, what is the alternative?
I've never proposed a return to paper ballots, despite many in vocal support for it. Any voting system, whether electronic or analog, must uphold democratic principles. The Citizens Commission on Elections (CCE) submitted a comprehensive report to the ECI, but there's been no response regarding the viability of their suggestions. Scientists and computer experts have proposed alternatives to ensure electronic voting is verifiable These suggestions need serious consideration to ensure voters trust that their votes are accurately recorded and counted.