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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.

An Indian-origin woman studying at the prestigious Princeton University in the US is among two students arrested over pro-Palestine protests on the campus, reports student and alumni newspapers.

Tamil Nadu-born Achinthya Sivalingan and Hassan Sayed were arrested after the protesters set up tents for an encampment in a university courtyard early Thursday morning, according to the Princeton Alumni Weekly (PAW).

The two graduate students were arrested on charge of trespassing and have been "immediately barred from the campus", said Jennifer Morrill, a university spokesperson, adding that setting up tents on the campus violated university policy.

However, they have not been evicted and will be allowed into their housing, another varsity spokesperson Michael Hotchkiss confirmed to the Daily Princetonian.

Ms Sivalingam is a student of Masters in Public Affairs in International Development at Princeton while Mr Sayed is a PhD candidate there.

In a statement, Morill said the students were given "repeated warnings from the Department of Public Safety to cease the activity and leave the area" and they now face disciplinary action. After their arrest, the other protesters "voluntarily" packed away their camping gear, she added.

Hotchkiss said the university did not evict anyone on Thursday and that the university allows students barred from campus to stay in their university-owned housing.

The undergraduate students were warned against occupation and encampment exercises in an email Wednesday, according to the Daily Princetonian.

Princeton students, faculty and community members, and even outsiders were part of the demonstration, the PAW cited organizers of the protest as saying. Large, white tents were set up nearby for upcoming reunions and other events.

A student who chose to be identified only as Urvi termed the arrests as "violent", which included the students being zip-tied around their wrists. The university, however, contested this and said the officers did not use any force and the arrests were made without any resistance.

Pro-Palestine protests have rocked the top US universities as thousands of students have hit their campuses to demonstrate against the Gaza deaths due to Israel’s inhuman military operation. 

The protests, which began at Columbia University in New York, have to colleges across the country and saw hundreds of students confronting cops and raising pro-Palestine slogans. The protesters have been calling on their universities to divest from companies that profit from the Gaza war and advocate an immediate ceasefire.

Who is Achinthya Sivalingan?

1. Achinthya Sivalingan was born in Coimbatore, Tamil Nadu and was raised in Columbus, Ohio.

2. She is pursuing a Master of Public Affairs (MPA) degree in International Development at Princeton University. Before that, Ms Sivalingan studied world politics and economics at Ohio State University and was also an Intern at Harvard Law School. 

3. Ms Sivalingan has significant experience in policy issues, having worked with civil society organisations, the legal system, politics, movement building, and private philanthropy. Her previous roles include supporting policy and advocacy work for climate adaptation, agricultural development, and nutrition portfolios at the Bill and Melinda Gates Foundation. 

4. Ms Sivalingan has worked on a congressional campaign in Ohio's third district and also contributed to land rights and policy initiatives in India at the Centre for Policy Research. 

5. She has been banned from Princeton over pro-Palestine protests and is now facing disciplinary action. 

Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.