Why Dr. Swamy’s legal fight against use of EVM machines in Elections is 100% justified?

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The more and more people are convinced that Electronic Voting Machines are “Calculators which can be manipulated by computer softwares”.

For example a Chip can be inserted that “Party A” should get +1 more vote than “Party B” no matter what may be the actual voting.

These are called “Overwriting Commands”. Computers are computers. They can be programmed and re-programmed.

Ruling Party and Election Commission of India disregards truth and insist on use of EVM machines in Elections.

What can we do about it?

Dr. Swamy has filed petitions in Superior Courts and has demonstrated how these computers can be manipulated and how it can be pre-programmed to make sure victory to one candidate during election. The EVM machines have killed Democracy and have all the potentials to do so.

What is LAW here?

Possibility of MISUSE is no ground for courts to prohibit Government and EC from using EVMs

This is law. Court can issue prohibitory directions only if we can show to courts that:

A) Something is being done in violation of certain express law.

B) People and Other Election Cadidates have some Constitutional Rights which are being violated by use of EVM machines.

C) The Courts have to be further convinced that they have jurisdiction to pass orders which are being asked, and it is practicable and desirable to issue such prohibitory orders.

D) The Courts have to be further convinced that it is DUTY of Court to uphold Constitution by passing such required prohibitory orders.

Following are some of the answers to A to D points.

1) It is Duty of Court to protect Basic Structure of Constitution. If Fair Elections are replaced with Manipulatable Elections, the Basic Structure of Constitution is DESTROYED. So it is Duty of Court to ban EVM machines. The Superior Courts of Most democratic countries have already banned such use.

2) People have right under Art 21 to live a life of Dignity. You cannot live a life of Dignity without free and fair elections.

3) Election Commission is a Govt body and hence if it acts arbitrarily it violates Art.14.

If Election Commission does not ADMIT that machines are capable of manipulation, it acts arbitrarily and its Decision Process is vitiated. The Decision is Liable to be struck down on ground that the important components are kept out from decision making process.

The Court can strike down such arbitrary policy and decisions of EC.

EC must first of all ADMIT that EVMs can be manipulated… Only thereafter it should further satisfy courts about what steps are taken by it to prevent manipulations.

4) New Machines are ordered by EC, where a paper slip will come out with EVM voting which will be then deposited in a box. This is being done to meet an argument in court that in present machines, voters only see a red light and are not able to see to whom his vote has gone. When this new paper slip will machine will come, a voter will get a slip. But if he is allowed to walk away with slip, he can sell slip for Rs. 1000/-. So slip will be taken away from him before he leaves polling booth!

What is the use? Paper Slip will show that voter has casted vote for “Party A”, but calculator software will add vote to “Party B”!

The Computers are programmable. No use for such meaningless paper slips.

5)Apart from Rights of People, there are Rights of Other Contesting Candidates to be considered. Where will they appeal for a re-count? How can it be done on same manipulated EVM machines?

CONCLUSION

Original method of ballot paper voting and counting in presence of representatives of Candidates, is still the best method as recognized by US, UK, Germany etc countries.

Will our Courts take call and ban EVM machines which are already banned in other countries?

We have to see. Laws of other countries not applicable to India.

Our courts and our democracy are passing through a process.

I hope Dr. Swamy and his supporters succeed in their efforts to liberate country from Manipulative EVM machines.

Haresh Raichura

20/8/2012

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