EVM-VVPAT case: SC seeks EC's clarification, asks senior poll official to be present at 2 pm

New Delhi: The Supreme Court on Wednesday sought certain clarifications from the Election Commission in a matter related to enhancing VVPAT counts to 100 per cent.

"We just wanted a few clarifications. Factually we should be on the page," a bench of Justices Sanjiv Khanna and S V N Bhatti told Additional Solicitor General Aishwarya Bhati and other counsel appearing for the petitioners.

The court sought presence of Deputy Election Commissioner before it at 2 pm on Wednesday itself.

Among the queries, the court sought to know if micro controller is installed in control unit or VVPAT.

"We were under the impression memory is installed in control unit. We were told VVPAT has a flash memory. Is micro controller one time programmable, just confirm it," the bench asked the EC.

The court also wanted to know as to how many symbol loading units were available with the poll panel.

The bench also wanted to know the time limit for keeping the data of EVMs intact.

"You said since the limitation for filing the election petition is 30 days, so the data in EVMs remained stored for 45 days but as per Section 81 of the Representation of People Act, the period of limitation is 45 days, then the time to keep EVMs data has to be enhanced," the bench asked Bhati and also senior advocate Maninder Singh, appearing for the EC.

"We wanted to be sure of it. Make it (period to secure EVMs) 60 days if limitation period is 45 days," the bench said.

The petitioners counsel also raised the issue of source code.

The court, however, said, "The source code should never be disclosed, people will try to misuse it".

The court has kept the matter for Wednesday for issuing directions in the matter related to pleas for raising VVPAT (Voter Verifiable Paper Audit Trail) counts to 100 per cent with votes cast through Electronic Voting Machines during the elections.

The petitions have been filed by NGO Association for Democratic Reforms and others.

During the previous hearing, the EC had said that EVMs are standalone machines and they cannot be tampered with, and also the VVPAT cannot be tampered with.

Concurring with the submission, the bench said paper ballots have huge drawbacks and “we do not want to even think about it”.

The petitioners had contended the voter has right under Article 19 and 21 of the Constitution to cross verify vote as cast by him and counted by paper vote of VVPAT in accordance with the purport and object of directions of this Court in Subramanian Swamy case (2013).