Jayalalitha moves HC against EVMs

By Our Special Correspondent

CHENNAI, FEB. 20. The AIADMK general secretary, Ms. Jayalalitha, has moved the Madras High Court seeking to prohibit the Chief Election Commissioner (CEC) from using electronic voting machines (EVMs) for the coming Assembly elections in Tamil Nadu.

Raising serious doubts about the credibility of the EVMs, the petition filed on behalf of the party, said the maintenance of secrecy of voting enshrined in the Representation of the People Act 1951 should not be infringed upon ``in any circumstances.''

As per the election rules under the R.P. Act., the sealing of the machines was to be done only by the election officer and not by a candidate's representative or agent. Even if a voter wanted to exercise his/her franchise, without `selection any candidate', he/she had to orally inform the officer in the presence of others, forgoing one's right to secrecy. In case of an election dispute, which could go on for 3 to 4 years, preserving the EVMs with many ``supporting apparatus'' and in an ``unfailing condition'' was next to impossible, not to speak of the virus problem.

Ms. Jayalalitha contended that even a U.S. computer expert, had reportedly told a U.S. court that the electronic ballot system could be manipulated to ``miscount votes.'' The petition noted that EVMs' unreliability was revealed in the aftermath of the recent U.S. Presidential elections.

She said the voters could tamper with or even damage the fragile voting machines which could lead to repolls. By a letter dated February 6, 2001 to the CEC, Ms. Jayalalitha said she had sought some clarifications and raised certain objections and doubts about the EVMs: whether it was possible for the voter to press the button more than once casting vote every time. And how would a voter know that his vote had been registered and accounted for in favour of his chosen symbol. As EVMs were essentially run by a ``programmed microchip,'' how could one rule out the possibility of mischief, she posed. Even if a voter pressed the button, it would not be registered unless the election officer pressed the control key. Knowingly or unknowingly if the officer failed to execute his role properly the vote will be disabled. This effectively put the voter at the ``mercy and discretion'' of the officer.

Noting that even the Chief Minister, Mr. M. Karunanidhi, and the Defence Minister, Mr. George Fernandes, were against the use of EVMs when they were in the Opposition, Ms. Jayalalitha said she had no objection if the machines were put to use during local body elections.

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Section  : Southern States
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