SC refuses to entertain PIL for audit of EVM software
Sep 22, 2023
New Delhi [India], September 22 : The Supreme Court on Friday declined to entertain a PIL seeking an independent audit of the source code of the Electronic Voting Machine (EVM) and placing such reports in the public domain.
A bench of Chief Justice India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said “no actionable material that the poll panel acted in breach of constitutional mandate" in holding polls has been placed before it by the petitioner.
The apex court said that ultimately placing the source code audit in the public domain intervenes with the policy issue, and we are not inclined to interfere in this policy issue.
“The Election Commission is entrusted with the control over elections. Presently, the petitioner places no actionable material before this court to show that the poll panel has acted in breach of its constitutional mandate. There is no material before us which casts doubt on EVMs," the bench said.
The plea, filed by Mumbai-based lawyer Sunil Ahya, sought an independent audit and subsequent locking of source code so that it can't be tampered with.
Appearing as a party-in-person, Ahya argued before the apex court that the source code was like the brain of the EVMs and thus was required to be audited.
He stated that there existed no formal audit report of the source code in any public domain, and even when he filed an RTI application seeking the same, the Election Commission of India could not provide him with the same. He made three representations to the ECI but to no avail.
“The source code is the brain behind the EVM, and it is about the survival of democracy," he added.
Ahya pleaded to the top court to issue directions to all the respondents to forthwith conduct an independent software audit of various software products and particularly the source of the EVMs and VVPATs. The source code of EVMs and VVPATs plays a major role in the conduct of elections, Ahya claimed in his petition.
