SC To Hear Plea Seeking Probe Into Tampering Of EVMs
On Friday, the Supreme Court will hear a plea seeking a probe into allegations of alleged tampering of Electronic Voting Machines (EVMs) during polls, including the recent assembly elections in five states.
A bench headed by Chief Justice J S Khehar posted for hearing on March 24 the PIL filed by advocate Manohar Lal Sharma which has sought a direction to the Election Commission and the Centre for probe into the allegations of EVM tampering and its possibility.
The plea sought examination of the quality, software/ malware and hacking effect in the EVMs from a reliable electronic lab/scientist and software expert and to file their report before this court for further action/prosecution.
In his PIL, Sharma also sought a direction to the Centre for registering an FIR to investigate the alleged tempering of EVMs for vested interest by the political party and to file their report before the apex court.
The petitioner referred to allegations of EVM tampering in the recent assembly elections in five states and Maharashtra civic polls.
The PIL claimed that it was admitted by the poll panel itself that EVMs are tamper proof only until their technical, mechanical and software details remain a secret.
These details can be detected via reverse engineering by any expert. Wireless device/software can be prepared via reverse engineering, and with their help voting records can be changed in any location and at any time, the plea claimed.
PRAYER AND GROUNDS
- Be pleased to issue writ of mandamus to the respondent no.2 to get examined quality, software / malware and Hacking effect in the EVMs from a reliable electronic lab/ scientist and software expert and to file their report before this Hon’ble Court for further action / Prosecution.
- Be pleased to issue writ of mandamus to the respondent no.2 to register a F.I.R. u/s 466 & 467 r.w. 120-B of IPC and others to investigate tempering of the EVMs machine for vested interest by the political party and to file their report before this Hon’ble Court for further action / Prosecution.
- Be pleased to initiate suitable action for none compliance of the order dt.18.10.2013 in Civil appeal no. 9093 of 2013 (Annexure P-4) passed by this Hon’ble court in the interest of justice. AND.
- Because despite order dt.8.10.2013 respondent no.1 , due to political conspiracy having hand with the than political parties , did no effort to collect and arrange VVPAT paper trail machine. They did not even approached to this Hon’ble court if central / state government have not provided required fund. There was no technical and financial crunch. Within this all aspect it is prima facie proved that Respondent no.1 knowingly and deliberately imposed EVMs machine for effecting election result in selected/ required state and part of the country.
- Because it is admitted by the Election commission itself that EVMs voting machines is tempered proof till its technical, mechanical and software details are remain secret which can be detected via reverse engineering by any expert. Wireless device/ software can be prepared via reverse engineering and with the help of it voting records can be changed in any location & at any time. According to Election commission itself 71 EVMs are stolen and belongs to than opposition parties since 2009 therefore it is prima facie appeared/ proved that after revere engineering a wireless software has already been prepared and used in various election since after 2010 for favouring election result. Therefore general and state election after 2010 conducted by EVMs has been manipulated and forged for graving power with the help of wireless device which is liable to investigated & tested via foreign electronic lab for further criminal action & prosecution u/s 466 & 467 r.w.120-B of I.P.C.
- Because within the serious and substantial body of evidence for vote-stealing by tampering with EVMs it is proved that political party and their candidates have controlled EVMs via wireless remote control device or fixing malware in software which is not investigated/ examined by any electronic software and computer expert. Within recently, fraud and tampering complaint in Fab 2017 MCD election in Mumbai where Zero votes were recorded in favor of an independent candidate while he and his family had voted for himself, prove further that one of the political party having such wireless device to change voting result.