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This is a grave error of Judgement because this phased manner helped in tampering the majority of the traditional fraud EVMs in favour of BJP that grabbed the MASTER KEY only to BURY Democracy, Equality, Liberty and Fraternity as enshrined in the Constitution for all societies not knowing that they are SEEDS.
Filed under: General
Posted by: @ 5:22 pm



This is a grave error of Judgement
because

this phased manner helped in tampering the majority of the traditional
fraud EVMs in favour of BJP that grabbed the MASTER KEY only to BURY
Democracy, Equality, Liberty and Fraternity as enshrined in the
Constitution for all societies not knowing that they are SEEDS.


A system of “paper trail/paper receipt” in the EVMs as
a convincing proof that the EVM has rightly registered the vote cast by
a voter in favour of a particular candidate.

http://www.ndtv.com/india-news/supreme-court-asks-election-commission-to-implement-paper-trail-in-evms-537127

Supreme Court asks Election Commission to implement paper trail in EVMs
All India | Press Trust of India | Updated: October 09, 2013 01:44 IST

New
Delhi:  The Supreme Court on Tuesday asked the Election Commission to
introduce in a phased manner the paper trail in Electronic Voting
Machines (EVMs) for the 2014 Lok Sabha elections, saying “it is an
indispensable requirement of free, fair and transparent” polls which
will restore confidence of the voters.

The Supreme Court, which
directed the Centre to provide financial assistance to the poll panel
for introduction Vote Verifier Paper Audit Trail (VVPAT) system with the
EVMs, said it will “ensure the accuracy of the voting system” and also
help in “manual counting of votes in case of dispute.”

“The
‘paper trail’ is an indispensable requirement of free and fair
elections. The confidence of voters in the EVMs can be achieved only
with introduction of the paper trail,” it said.

“EVMs with VVPAT
system ensure the accuracy of the voting system. With an intent to have
fullest transparency in the system and to restore the confidence of the
voters, it is necessary to set up EVMs with VVPAT system because vote is
nothing but an act of expression which has immense importance in
democratic system,” the bench said.

“VVPAT is a system of
printing paper trail when the voter casts his vote, in addition to the
electronic record of the ballot, for the purpose of verification of his
choice of candidate and also for manual counting of votes in case of
dispute,” a bench comprising Chief Justice P Sathasivam and Ranjan Gogoi
said.

The bench asked the Election Commission to introduce VVPAT
in EVMs in gradual stages or geographical-wise in the 2014 general
elections.

While asking the Centre to provide financial
assistance, the bench noted the submissions made by the Election
Commission in its affidavit that it has decided to increase the use of
VVPAT units in a phased manner and has already written to the Ministry
of Law and Justice to issue administrative and financial sanction for
procurement of 20,000 units of VVPAT (10,000 each from M/s BEL and M/s
ECIL) costing Rs 38.01 crore.

The bench said, “Taking notice of
the pragmatic and reasonable approach of the Election Commission and
considering the fact that in general elections all over India, the
Election Commission has to handle one million (ten lakh) polling booths,
we permit EC to introduce the same in gradual stages or
geographical-wise in the ensuing general elections.”

“The area,
state or actual booth(s) are to be decided by the EC and the EC is free
to implement the same in a phased manner,” it said.

The bench passed the order on two similar petitions; one of those petitions was filed by BJP leader Subramanian Swamy.

Claiming
that EVMs were open to hacking, Mr Swamy had sought directions to the
poll watchdog to introduce paper trail to easily and cheaply meet the
requirements of proof that the EVM has rightly registered the vote cast
by a voter.

Mr Swamy had moved the Supreme Court against January
2012 order of the Delhi High Court disallowing his prayer to direct
Election Commission to incorporate the system of paper trail in EVMs.

The
bench noted that though initially the poll panel was little reluctant
in introducing paper trail by use of VVPAT, pursuant to its directions,
the Election Commission contacted several expert bodies and technical
advisers and held meetings with national and state level political
parties and carried out demonstrations.

It noted that after a
thorough examination, VVPAT was successfully used in 21 polling stations
of 51-Noksen (ST) Assembly Constituency of Nagaland.

“The
information furnished by the ECI, through the affidavit dated October 1,
2013 clearly shows that VVPAT system is a successful one,” the bench
said.


A bench comprising Chief Justice P Sathasivam and Ranjan Gogoi asked the Election Commission to introduce in a phased
manner the paper trail in Electronic Voting Machines (EVMs) for the
2014 Lok Sabha elections, saying “it is an indispensable requirement of
free, fair and transparent” polls which will restore confidence of the
voters.
While asking the Centre to provide financial
assistance, the bench noted the submissions made by the Election
Commission in its affidavit that it has decided to increase the use of
VVPAT units in a phased manner and has already written to the Ministry
of Law and Justice to issue administrative and financial sanction for
procurement of 20,000 units of VVPAT (10,000 each from M/s BEL and M/s
ECIL) costing Rs 38.01 crore.

This is a grave error of Judgement because
this phased manner helped in tampering the majority of the traditional
fraud EVMs in favour of BJP that grabbed the MASTER KEY only to BURY Democracy, Equality, Liberty and Fraternity as enshrined in the
Constitution for all societies not knowing that they are SEEDS. The Supreme Court has to reconsider this
error of judgement and order for replacement of entire fraud EVMs and
till such time no elections must be conducted with these fraud EVMs. For this purpose have a collegium system of picking judges from SC/ST/OBC/Minorities and also a collegium system in the Chief Election Commission consisting SC/ST/OBC/Minorities for having a fool proof voting system to safeguard Liberty, Fraternity and Equality as enshrined in the Constitution.All
the Central Elections so far conducted with these fraud EVMs must be
scraped and fresh election must be conducted as it is an indispensable
requirement of free, and transparent polls which will restore confidence
of the voters. The recently concluded Gram Panchayat elections with the
traditional paper ballots restored confidence of the voters like the recent polls in UK and all the 80 democracies of the world.

1% Terrorist, Militant, Violent, Intolerant, Stealth hindutva Cult chitpawan brahmin RSS full of hatred towards 99% Aboriginal Sarvajan Samaj i.e., All Societies including SCs /Arogya Rakshakas/STs/Minorities/Poor Upper Castes who snatched the MASTER KEY for Murderers of deadmockerysea institutions (Modi) trying to BURY this Aboriginal Sarvajan Samaj by tampering these fraud EVMs must be stopped by filing PILs and through E-filing in Supreme Court to save Democracy.

what is E-Filing? Whether this E-Filing process is a user friendly programme?

E-Filing is Electronic filing of matters in the
Registry of Supreme Court of India. Yes, E-Filing is a user friendly
programme prepared by National Informatics Centre.

The Registrar,
Supreme Court of India,
Tilak Marg,
New Delhi-110 001 (India)
PABX NOS.23388922-24,23388942-44,
FAX NOS.23381508,23381584,23384336/23384533/23384447
supremecourt@nic.in

what is the benefit of E-Filing facility ?

Through E-Filing facilitates any Advocate-on-record
(in the Supreme Court of India) or Petitioner-in-person can file his/her
matter through internet facility, sitting anywhere in the world. It 
does not require any person to come at the filing Counter in the 
Registry of the Supreme Court of India for just filing his/her matter.

Prequalification - you must have prepared the Petition offline. The steps required for E-Filing process are:

1. Login: For login you need User ID and Password. (Advocate on record
are provided ID and password from the Registry. Petitioner-in-person has
to create his ID and Password by submitting his/her Identity proof.

http://citizencentre.virtualpune.com/html/supreme-court.shtml


 E-FILING by Supreme Court of India

The Supreme Court of India has introduced E-FILING. Now you can file a case in the Supreme Court through the internet and also avail of the following services:


what are the procedures/ steps required to be taken for E-Filing process ?

    •    
Filing of cases by any Advocate-on-Record or Petitioner-in-person
through internet from anywhere in the world
    •    Electronic payment of court fee and other charges by visa/master card/debit card
    •    Electronic registration of defect-free cases
    •    Electronic communication and removal of filing defects
    •    Electronic filing of reply/rejoinder/applications/documents
    •    Service of notices and communications through e-mail



For further details, access website or contact
Registrar Tele : 91-11-23388556
E-mail : shahsg@msn.com 
Website : www.supremecourtofindia.nic.in


Whether this E-Filing process is a user friendly programme?
Only when you attempt it will be known.


http://kohram.in/ten-reasons-for-banning-indian-evms/

Ten Reasons For Banning Indian EVMs
    •    Special Report
May 17, 2014
4 91

Electronic
voting machines (EVMs) were introduced in a limited way in Indian
elections in 1982, and they have been in universal use since the general
elections of 2004, when paper ballots were phased out completely. It is
about time India reformed its voting system to ensure that the
electoral verdicts reflect the true will of the people of the country.
    •    1. The Whole World has Discarded Similar EVMs
    •    2. Use of EVMs is Unconstitutional and Illegal Too!
    •    3. EVM Software Isn’t Safe
    •    4. …..Nor is The Hardware
    •    5. EVMs are Sitting Ducks
    •    6. “Insider” Fraud a Concern
    •    7. Storage and Counting are Concerns
    •    8. Vote of No Confidence
    •    9. EC is Clueless on Technology
    •    10. Trust Deficit

1. The Whole World has Discarded Similar EVMs

The
electronic voting machines used in Indian elections are internationally
known as Direct Recording Electronic (DRE) voting  machines which
record votes directly in electronic memory. Similar voting machines have
been banned in many countries such as Germany, the Netherlands,
Irelands etc. and such machines are allowed in most states of the US
only with a paper back up. Potential dangers of “vote fraud” and more
importantly, lack of transparency and verifiability associated with them
prompted ban or restrictions of their use.

Developed nations
like the United Kingdom and France and advanced countries in our region
like Japan and Singapore have so far stuck to voting on paper ballots,
owing to their simplicity, verifiability and voter confidence in the
system. India is an exception to this international trend and we
continue to use these  voting machines long discarded by the world due
to lack of awareness and appreciation of the lay public of the concerns.

2. Use of EVMs is Unconstitutional and Illegal Too!

Indian
EVMs may also be held unconstitutional because they infringe upon the
fundamental rights of the voters. In India, Right to vote is a legal
right but how that vote should be exercised by a voter is his/ her
individual expression covered by Article 19 (1) (a) of the Constitution,
which guarantees fundamental rights to the citizens.
In the 2002
case pertaining to disclosure of assets and the criminal background of
candidates, the Supreme Court ruled that voters have a right to know the
antecedents of the contesting candidates and this is fundamental and
basic for survival of democracy. Accordingly, a voter has the right to
know that his vote which he exercised as a part of freedom of expression
has really gone in favour of the candidate whom he/she has chosen. This
right, fundamental in nature, is absent in the electronic voting
system.
In the traditional paper ballot system, that fundamental
right was preserved because a voter knew exactly how his/ her vote was
recorded and Universal use of EVMs in Indian elections is illegal too!
In 1984, the Supreme Court of India held that the use of electronic
voting machines in elections was “illegal” as the Representation of
People (RP) Act, 1951 did not permit use of voting machines in
elections. Later, the R.P. Act was amended in 1989 incorporating Section
61A.
However, the amendment says voting machines “may be adopted in
such constituency or constituencies as the Election Commission may,
having regard to the circumstances of each case, specify.” Violating the
provisions of the R.P Act, the Election Commission has conducted 2004
and 2009 nationwide general elections only using  electronic voting
machines. Going by the 1984 judgment of the Supreme Court, parliamentary
elections of 2004 and 2009 may be held illegal.
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3. EVM Software Isn’t Safe

The
electronic voting machines are safe and secure only if the source code
used in the EVMs is genuine. Shockingly, the EVM manufacturers, the BEL
and ECIL, have shared the ‘top secret’ EVM software program with two
foreign companies, Microchip (USA) and Renesas (Japan) to copy it onto
microcontrollers used in EVMs. This process could have been done
securely in-house by the Indian Worse, when the foreign companies
deliver microcontrollers fused with software code to the EVM
manufacturers, the EVM manufacturers cannot “read back” their contents
as they are either OTP-ROM or masked chips.

Amusingly, the
software given to foreign companies is not even made available with the
Election Commission, ostensibly for security reasons. With such
ridiculous decisions, the Election Commission and the public sector
manufacturers have rendered security of the EVMs a mockery.  Adopting an
open standards policy by making the software public and allowing
parties to test the software installed in the EVMs would have offered
better

4. …..Nor is The Hardware

The danger for EVM
manipulations is not just from its software. Even the hardware isn’t
safe. Dr. Alex Halderman, professor of computer science in the
University of Michigan says, “EVMs used in the West require software
attacks as they are sophisticated voting machines and their hardware
cannot be replaced cheaply.
In contrast, the Indian EVMs can easily
be replaced either in part or as wholesale units.” One crucial part that
can be faked is microcontrollers used in the EVMs in which the software
is copied. EVM manufacturers have greatly facilitated fraud by using
generic microcontrollers rather than more secure ASIC or FPGA
microcontrollers. Not just only microcontrollers, mother boards (cards
which contain microcontrollers) and entire EVMs can be replaced. Neither
the Election Commission nor the manufacturers have undertaken any
hardware or software audit till date.

As a result, such
manipulation attempts would go undetected. To detect such fraud, the
upgraded EVMs have a provision to interface with an Authentication Unit
that would allow the manufacturers to verify whether the EVM being used
in the election is the same that they have supplied to the Election
Commission.
The EVM manufacturers developed an “Authentication
Unit” engaging the services of SecureSpin, a Bangalore based software
services firm. The Unit was developed and tested in 2006 but when the
project was ready for implementation, the project was mysteriously
shelved at the instance of the Election Commission. Several questions
posed to the Election Commission for taking this decision went
unanswered.

5. EVMs are Sitting Ducks

The Indian EVMs can
be hacked both before and after elections to alter election results.
Apart from manipulating the EVM software and replacing many hardware
parts discussed above, discussions with knowledgeable sources revealed
that Indian EVMs can be hacked in many ways. I mention just two of them
below. Each EVM contains two EEPROMs inside the Control Unit in which
the  voting data is stored.

They are completely unsecured and the
data inside EEPROMs can be manipulated from an external source. It is
very easy to read (data from) the EEPROMs and manipulate them. The
second and the most deadly way to hack Indian EVMs is by inserting a
chip with Trojan inside the display section of the Control unit. This
requires access to the EVM for just two minutes and these replacement
units can be made for a few hundred rupees. Bypassing completely all
inbuilt securities, this chip would manipulate the results and give out
“fixed” results on the EVM screen. The Election Commission is completely
oblivious to such possibilities. A demonstration of these
vulnerabilities is on the cards.

6. “Insider” Fraud a Concern

Personal
accounts from some well placed political sources and experts say that
there are some “insiders” demanding vast sums (Rs. 5 Crore for each
assembly constituency) to fix election results. Who are these insiders?
Unlike in the traditional ballot system where only the election
officials were the “insiders”, electronic voting machine regime has
spawned a long chain of insiders, all of whom are outside the ambit and
control of the Election Commission of India.

There is every
possibility that some of these  “insiders” are involved in murky
activities in fixing elections. The whole world—except us in India–is
alive to the dangers of insider fraud in elections. The “insiders”
include the public sector manufacturers of India’s electronic voting
machines namely, the Bharat Electronics Limited (BEL) and Electronics
Corporation of India (ECIL), the foreign companies supplying
microcontrollers,private players (some of which are allegedly owned by
some political leaders) for carrying out checking and  maintenance of
electronic voting machines during

7. Storage and Counting are Concerns

The
EVMs are stored at the district headquarters or in a decentralized
manner in different locations. Election Commission’s  concern for EVM
safety becomes apparent only during elections, where as security experts
say that voting machines must remain in a secure environment throughout
their life cycle. There could be many malpractices associated with
electronic counting. “Everybody watches polling closely. Nobody watches
counting as closely),” says Bev Harris, an American activist.

Our
Election Commission takes three months to conduct parliamentary
elections but wants counting to be over in just three hours! In the rush
to declare results and the winners, several serious lapses go unnoticed
in the counting process. As a result, parties cannot give it the kind
of attention that this activity deserves. Massive discrepancies between
votes polled and counted in a large number of polling stations across
the country raise serious concerns in this regard.

8. Vote of No Confidence

The
political class cutting across all sides of the divide has just one
verdict: “we don’t trust the EVMs”. This vote of “no  confidence” stems
from the personal experiences of parties and leaders as well as the
nature of results thrown up by the EVMs. Parties are looking at EVMs
with great suspicion and dread the prospect of EVMs “defeating” them.
This
mistrust in EVMs is not confined to any single party and is all
pervasive. Almost all mainstream political parties, including the BJP,
Congress, left parties, regional parties like the Telugu Desam party
(TDP), AIADMK, Samajwadi party, Rastriya Lok Dal (RLD), Janata Dal
(United) etc. have all expressed reservation about EVMs in the aftermath
of 2009 Lok Sabha polls. Even the Congress party that decisively won
the 2009 general elections alleged that the EVMs have been manipulated
in Orissa. Today, it is difficult to find parties that vouch for the
continued use of EVMs in Indian elections. On the contrary, there is a
flood of opposition to the EVMs from the political class.

9. EC is Clueless on Technology

The
Election Commission has adopted the EVM technology about which it has
practically no knowledge. As a result, it has little  control over many
aspects of the election process. None of the election commissioners,
neither the present commissioners nor their predecessors, have proper
understanding of the EVM technology. The only source of technical
understanding for the Election Commission is a Committee of experts led
by its chairman, Prof. P.V. Indiresan. Even the Expert Committee seems
very weak in its capacities and understanding. Alex Halderman, professor
of computer science at the  University of Michigan and an expert on the
security of voting systems who was present in New Delhi for the launch
of the book, Democracy at Risk, Can We Trust our EVMS? commented, “When I
read the 2006 technical report prepared by the Expert Committee of the
Election Commission. I scribbled on it that there was a cause for alarm
and quickly decided to agree to come here.” That speaks volumes for the
quality and rigor of security testing done on the Indian EVMs.

10. Trust Deficit

Election
Commission’s conduct in the wake of the serious reservations expressed
by people has been unbecoming of a  constitutional body. It has uttered
many lies – our EVMs are “tamper proof”, they are “different” etc. etc.
It has refused to provide any clarifications sought to the petitioners
in the Supreme Court, despite a reference from the Supreme Court of
India. It has taken several questionable decisions for which it has
refused to offer any explanations.

For instance, it does not
explain why old EVMs were used in Lok Sabha elections despite the
recommendations of its own Expert Committee. It does not explain why as
many as 4.48 Lakh new EVMs (which are more secure as per the Expert
Committee) were not used in any Congress party or UPA ruled states? Why
and where it had allowed use of state government owned EVMs? The
non-transparent conduct of Election Commission in the use of EVMs and
the farce of an “enquiry” it has conducted following serious
reservations on EVMs does not inspire confidence in its unbiased
functioning.

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- See more at: http://kohram.in/ten-reasons-for-banning-indian-evms/#sthash.MRpdGjAR.dpuf

http://supremecourtofindia.nic.in/outtoday/9093.pdf

Page 1
REPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.9093 OF 2013
(Arising out of SLP (Civil) No. 13735 of 2012)
Dr. Subramanian Swamy
…. Appellant(s)
Versus
Election Commission of India
…. Respondent(s)
WITH
WRIT PETITION (C) NO. 406 OF 2012
J U D G M E N T
P. Sathasivam, CJI.
1) Leave granted.
Civil Appeal @ SLP (C) No. 13735 of 2012
2) This appeal is directed against the judgment and order
dated 17.01.2012 passed by the Division Bench of the High
Court of Delhi at New Delhi in W.P.(C) No. 11879 of 2009
whereby the High Court disposed of the petition by
1

Page 2
disallowing the prayer made by the appellant herein for
issuance of a writ of mandamus directing the Election
Commission of India (ECI)-Respondent herein to incorporate
a system of “paper trail/paper receipt” in the Electronic
Voting Machines (EVMs) as a convincing proof that the EVM
has rightly registered the vote cast by a voter in favour of a
particular candidate.

3) Being aggrieved of the above, the present appeal has
been filed by way of special leave.

Writ Petition (Civil) No. 406 of 2012

4)One Rajendra Satyanarayan Gilda has filed this Writ
Petition, under Article 32 of the Constitution of India, praying
for issuance of a writ of mandamus/
direction(s) directing the Union of India, the Chief Election Commissioner and the
Technical Experts Committee-Respondent Nos. 1-3 herein
respectively to effect the necessary modifications in the
EVMs so as to allow the voters to verify their respective votes
and to attach the printers to the EVMs with a facility to print
the running record of the votes for the purpose of verification
by the voters in the process of voting. He also prayed for a

Page 3
direction to frame guidelines and to effect necessary
amendments in the Conduct of Election Rules, 1961.

5) In view of the pendency of the appeal filed by Dr.
Subramanian Swamy, this Court issued notice in the writ
petition and tagged with the said appeal.

6) Heard Dr. Subramanian Swamy, appellant-in-person in
the appeal, Dr. R.R. Deshpande, learned counsel for the writ
petitioner, Mr. Ashok Desai and Ms. Meenakshi Arora, learned
senior counsel for the ECI.

Contentions:

7) Dr. Subramanian Swamy, the appellant herein
contended before this Court that the present system of
EVMs, as utilized in the last few general elections in India,
does not meet all the requirements of the international
standards and though the ECI maintains that the EVMs
cannot be tampered with, but the fact is that EVMs, like all
electronic equipments, are open to hacking.

8) The appellant has further highlighted that the instant
matter arises out of the refusal of the ECI to incorporate a
certain obvious safeguard in the EVMs called “paper

Page  4
backup”, “paper receipt” or “paper trail”, presently in use
and mandated in some countries like USA, which would easily
and cheaply meet the requirement of proof that the EVM has
rightly registered the vote cast by a voter. The appellant has
further highlighted that the “paper trail” system is to
supplement the procedure of voting as in this procedure,
after recording a vote in the EVM, a print out will come out
which will appraise the voter that his vote has been rightly
registered and the same will be deposited in a box which can
only be used by the ECI in case of election dispute.

9) It is the categorical stand of the appellant that the
above said system will bring more accuracy in the present
system and if a particular election is challenged on the
ground that some particular identified voter’s voter or the
votes of a group of voters have been suppressed/have not
been correctly assigned by the EVMs, the accepted current
procedure is for a re-run of the same EVMs for a re-count,
however, under the new procedure, a re-count will be of the
receipts in the ballot box containing the printouts the EVMs

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தமிழில் திரபிடக மூன்று தொகுப்புகள் up a levelTIPITAKA- -வினயபிடகே-பாராஜிகபாளி-வேரஞ்ஜகண்டங்from FREE ONLINE eNālāndā Research and Practice UNIVERSITY through http://sarvajan.ambedkar.org http://metta.lk/tipitaka/1Vinaya-Pitaka/ நமோ தஸ்ஸ பகவதோ அரஹதோ ஸம்மாஸம்புத்தஸ்ஸ வினயபிடகே பாராஜிகபாளி வேரஞ்ஜகண்டங் 1. தேன
Filed under: General
Posted by: @ 9:52 am
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Filed under: General
Posted by: @ 9:49 am
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