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RESEARCH on Misuse of EVM machines:

An appeal to the
Honourable Chief Justice

supremecourt@nic.in

Cc
vs.sampath@eci.gov.in,hs.brahma@eci.gov.in,nasimzaidi@eci.gov.in,vinodzutshi@eci.gov.in,
bala@eci.gov.in,dralokshukla@eci.gov.in,akshaykrout@gmail.com,tkumar@eci.gov.in,
sram@eci.gov.in,kakumar@eci.gov.in,rksrivastava@eci.gov.in,kfwilfred@eci.gov.in,bjohn@eci.gov.in,
ystandhope@eci.gov.in,skrudola@eci.gov.in,varinderkr@eci.gov.in,knbhar@eci.gov.in,
anuj@eci.gov.in,narendranb@eci.gov.in,ashish@eci.gov.in,smukherjee@eci.gov.in,
mendiratta.sk@eci.gov.in,andas@eci.gov.in,jkrao@eci.gov.in,pramod@eci.gov.in,
darsuo.thang@eci.gov.in,malaymallick@rediffmail.com,feedbackeci@gmail.com,

Sub: The Election Commission has failed to implement the Superior
Courts order to replace all the EVMs. Instead 385 of the 543 Lok Sabha
constituencies have been replaced by VVPT machines.

New voter verifiable paper trail (VVPT) machines to replace the EVMs,
following doubts that it could be tampered which means that ever since
the EVMs came into existence free and fair elections were not taking
place and results were to the whims and fancies of the Election
Commission. Voting Machines are “Calculators which can be manipulated by
computer softwares”. New Machines are ordered by EC, where a paper
slip will come out with EVM voting which will be then deposited in a
box. 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 fake paper slips. In
Superior Courts it has been 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.

Under such circumstances the following exposure by media will have no
relevance in the forth coming General Elections until the Superior
Court and the upholders of Democracy including the free and fair media
awaken the voters.

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
insisted on use of EVM machines in Elections. They are source of
discriminative Caste bias. Ms Mayawati became Chief Minister of Uttar
Pradesh for the fourth time with her policy of Sarvajan Hithay Sarvajan
Sukhay. with the support of sarvasamaj i.e., all societies. But in the
last assembly elections she lost because the CEC ordered for draping all
the ELEPHANT symbols of BSP and statues of SC/ST/OBC icons were also
draped. There is an apprehension that the EVMs were also tampered to
defeat her. Where as many states went for elections after the UP
elections. But the CEC never ordered for draping the symbols of
Congress, BJP, SP, AIADMK etc.,including the 2014 Lok Sabha elections.
The statues of upper caste leaders’ have not been ordered to be draped.
Hon’ble Chief Justice may be pleased to include all sections of the
society to represent in the Election Commission for level playing ground
and till such order implemented the elections may be postponed.

People and Other Election Candidates have some Constitutional Rights
which are being violated by use of EVM machines. Open Source Code is not
being made public. People have right under Art 21 to live a life of
Dignity. You cannot live a life of Dignity without free and fair
elections.

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. It is DUTY of Court to
uphold Constitution by passing such prohibitory orders. Election
Commission is a Government 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.

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.

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.

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?

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.

Are our Courts powerful enough to 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.

It is hoped supporters succeed in their efforts to liberate country from Manipulative EVM machines.

OPEN SOURCE CODE OF EVM/VVPT MUST BE MADE PUBLIC for LEVEL PLAYING FIELD.

Appearing for the Centre, Attorney General GE Vahanvati informed a
Bench of Justices P Sathasivam and Ranjan Gogoi that the process of
amendment was “underway”. In response to a letter written by EC on March
28, 2013, the Legislative Department of the Law Ministry had begun the
work of preparing amendments to the Rules, which would be placed before
the Parliament.

The Bench exclaimed, “We are happy that it has finally materialised.
Now what remains is when we are to implement it.” All parties were in
support of introducing the VVPT machines.