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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

Bengaluru: JD(S) leader H D Kumaraswamy has claimed that 25,000 pen drives with videos of women being sexually abused allegedly by his nephew, Lok Sabha election candidate Prajwal Revanna, were distributed before polls, and accused Chief Minister Siddaramaiah and his deputy D K Shivakumar of a conspiracy.

The former chief minister also sought to discredit the Special Investigation Team (SIT) formed by the Congress government on April 28 to probe the charges against Prajwal of sexually abusing several women after videos allegedly involving him started making the rounds on social media.

"It is not a Special Investigation Team but 'Siddaramaiah Investigation Team' and 'Shivakumar Investigation Team'," the JD(S) second-in-command, who is the son of party supremo and former prime minister H D Deve Gowda, said.

MLA H D Revanna and his son and Hassan MP Prajwal have been booked for allegedly molesting their cook. In another case, Revanna has been booked and arrested for allegedly kidnapping a woman who was allegedly sexually assaulted by Prajwal. A case of rape has also been registered against Prajwal.

Addressing a press conference here, Kumaraswamy said the pen drives were circulated by police officers who were "threatened to do it".

“It (pen drive carrying videos) was released in Bengaluru Rural constituency (where the Congress candidate in the Lok Sabha elections is D K Suresh, who is the brother of Shivakumar). This was an April 21 development. On April 22, Poornachandra, our polling agent, gave a complaint to the District Deputy Commissioner, who is the Returning Officer,” the JD(S) leader said.

“Poornachandra received a message at 8 pm on April 21 asking people to 'follow a WhatsApp channel to see Prajwal Revanna’s sleaze video'. There was a message on this WhatsApp channel, 'Countdown for the release of Prajwal’s sleaze videos'," Kumaraswamy further said.

According to Kumaraswamy, one Naveen Gowda had sent the message about the "countdown".

In his complaint to the Deputy Commissioner and the Superintendent of Police of Hassan district, Poornachandra has named five people including Naveen Gowda, Karthik Gowda (Revanna’s driver), Chethan and Puttaraju alias Putty, he said.

It has been more than a fortnight since the complaint made on April 21 but no action has been taken against these five people, Kumaraswamy said and demanded that they should first be arrested for "mortgaging the modesty" of women in the videos.

Kumaraswamy alleged that 25,000 pen drives were distributed in the entire state, and cited a report in a regional daily to support his claim.

“My question here is why no action was taken. If someone posts something on social media, immediately houses are searched and the person is made to sit in the police station. Why no action was taken against these five people despite a complaint?” he asked.

"Chief Minister Siddaramaiah had confidently said that all the three JD(S) candidates in the Lok Sabha elections will be defeated," Kumaraswamy said, adding, "It raises doubts about the involvement of many people."

On April 25, Karnataka State Commission for Women Chairperson Nagalakshmi Chowdhary wrote to Siddaramaiah demanding an SIT probe into the tapes where Prajwal is allegedly seen sexually abusing several women. The same night, the CM gave his nod and ordered the formation of a SIT, Kumaraswamy said.

“In that letter, Nagalakshmi Chowdhary did not mention the name of Prajwal or Revanna but the chief minister called it ‘Prajwal Revanna’s explicit videos’ in his post on X when he announced the formation of SIT. This shows how the conspiracy was hatched,” the JD(S) leader claimed.

He also alleged that the first complaint "framing" his brother H D Revanna and nephew Prajwal was typed on a computer in Bengaluru and was sent to Holenarasipura, which is represented in the Karnataka Legislative Assembly by Revanna, on April 28.

“It’s not a Special Investigation Team but there are two teams within it – one is ‘Siddaramaiah Investigation Team’ and another one is ‘Shivakumar Investigation Team’,” he charged.

He said the ‘convenor’ of the 'pen drive story', Karthik Gowda should be traced first and brought before the people.

“Going through the conspiracies, one can doubt the intention behind the investigation because more than protecting the women victims, you are limiting the scope of the probe only to defame people,” Kumaraswamy further alleged.

He underlined that he was not trying to protect anyone. “I have said that in this case I will not protect anyone doing wrong. Stringent punishment should be given to the person involved in this crime as per the law of land."

Mangaluru: Dakshina Kannada Deputy Commissioner (DC) Mullai Muhilan MP said that election for the South West Teachers and Graduates constituencies will be held on June 3.

The notification for the same will be issued on May 9. The last date for filing nominations is May 16. The nominations must be submitted to Regional Commissioner in Mysuru and the last date for withdrawal of nomination is May 17.

The counting of votes will be held on June 6.

As of December 30, 2023 there are 6753 voters in DK district in the South West Teachers Constituency out of which 4520 are women. On the other hand, there are 16,869 graduate voters in the district for the South West graduates constituency.

The voters can submit their application for enrollment in electoral list of the South West Teachers and graduates constituency till May 6. The applications can be submitted at Mangaluru City Corporation or all the taluk offices.

Bulk applications can be submitted by Bar Association, Doctors association, Chartered Accountants Association, registered engineers association for the graduates constituency.

Those who are graduates prior to November 11, 2020 can enroll for voters list in the graduates constituency  by submitting Form 18 along with photo copy of marks card, Aadhaar card, voters' identity card and residential address.

For getting oneself enrolled in the teachers constituency voters, an individual should be teaching for minimum three years prior to November 1, 2023 in high school or higher educational institutions.

For the teachers constituency, educational institutions can submit applications in bulk. If wrong details are furnished in these applications, then they will be punishable under Section 31 of Representation of People Act, warned the DC.