BEL refuses to disclose EVM, VVPAT info under RTI after demanding fees

By Venkatesh Nayak*
Readers may remember the bold declaration that the Union Minister of State for Personnel, Public Grievances and Pensions made about the NDA-III Government’s commitment to transparency while replying to the debate on the Bill to amend The Right to Information Act, 2005 (RTI Act) in the Lok Sabha. On 22/07/2019 the Minister said:
“Now, coming straight to RTI, as far as RTI is concerned, let me first make it clear this Government has been absolutely committed, as in other wings of governance, to ensure full transparency and full accountability” (click here for the full text of the uncorrected debate of the day and scroll down to page 369 of the text/or page 128 of the pdf file for this part of the Minister’s statement).
Sadly, this governance philosophy does not seem to have percolated downwards beyond the corridors of the Prime Minister’s Office (PMO) with which the Union Minister is associated.
In June, 2019 I had sought detailed information about Electronic Voting Machines (EVMs), Voter Verified Paper Trail (VVPAT) Units and Symbol Loading Units (SLUs), from Bharat Electronics Ltd (BEL) and Electronics Corporation of India Ltd. (ECIL) by filing identical requests under the RTI Act.
BEL, a Navaratna Public Sector Enterprise (PSE) under the Union Ministry of Defence, initially agreed to supply some information and demanded Rs. 1,434/- as additional fees. However, a month later, BEL revised its earlier reply and claimed that it did not hold most of the information and rejected one of the queries stating that disclosure would endanger the life of its Engineers and returned the Bank Draft that I sent them as fee payment.
Earlier, ECIL uploaded some of this information on the RTI Online Facility but rejected access to some crucial bits of information sought in my RTI application. I have not received a formal reply from the ECIL’s under its Central Public Information Officer’s signature, via email or in hard copy till date.
These RTI replies when compared with the ECI’s claims about the maximum capacity of VVPAT Units to print votes cast through EVMs and contrasted against the Polling Station Level voter turnout data as compared with the number of voters registered on the Electoral Rolls (all of these are public documents), throws open more disturbing questions about the entire electoral process.

The Background

The April-May 2019 General Elections returned the National Democratic Alliance Government to power with a thumping majority. Dissatisfied with the scanty information about the manner in which polls were conducted across the country, several private citizens and mediapersons have used the RTI Act to seek information about voter turnout data mismatch, complaints about EVMs malfunctioning, complaints about mismatch of EVMs and VVPAT printouts, movement of EVMs and VVPATs to the electoral constituencies from the manufacturing companies and details of action taken on complaints received against high profile politicians for violating the Model Code of Conduct. Many of these requests have been turned down by the relevant public authorities.

The RTI Intervention

After closely scrutinising some of the information and statistics published by the ECI, on 17th June, 2019, I decided to file two identical RTI applications seeking the following information from BEL and ECIL. Neither these companies nor the ECI have placed this information in the public domain:

BEL’s RTI Replies

The CPIO of BEL sent a fee intimation letter for INR 1,434/- for a total of 717 pages after almost a month had passed since the submission of my RTI application. He agreed to supply most of the information but denied access to the VVPAT patent application filed with the Office of the Controller General of Patents by citing Section 8(1)(d) of the RTI Act. Then I waited for more than a month for this information thinking that the delay might be because of the time taken to copy 700+ pages of records. After 40 days had lapsed, on 28/08/2019 I filed a first appeal under Section 19(1) of the RTI Act challenging the non-supply of information.
Believe it or not, the CPIO who was silent until then, sent a reply returning the Bank Draft and claimed that BEL did not have most of the information sought which he had agreed to supply in his first reply.

ECIL’s RTI Reply

Although ECIL’s CPIO had disposed of my RTI application earlier, in August, 2019, I decided to wait for the BEL CPIO’s reply before going public with these RTI interventions. ECIL’s CPIO merely uploaded some text on the RTI Online Facility without any signature (I am still waiting for a hard copy of this reply or a scanned copy by email) which states as follows:
What is problematic with these RTI replies?
BEL’s CPIO had initially agreed to supply information about the number of EVMs (Control and Ballot Units) and VVPATs manufactured by the company, and the thermal paper rolls used in the VVPATs all of which were sent to the districts for use during the 2019 Lok Sabha elections. He had also agreed to supply the list of Engineers who took part in and coordinated and supervised the preparation of these machines for the elections. He had physically counted the number of pages relatable to each RTI query and demanded fees accordingly.
In his revised reply, however, he states that BEL does not hold most of the requested information. So which papers did he count before sending the first reply? Only one of these replies, not both, can be true. Perhaps the latest reply is an afterthought arising out of pressure exerted- probably by an external agency against making this information public. I hope the identity of this external agency is revealed during the appeal proceedings in the coming months.
What do these replies reveal when compared with ECI’s Manuals?
The total number of votes cast in an Assembly or Parliamentary constituency is recorded on Form 20 (called Final Result Sheet) by its Presiding Officer and submitted to the ECI. This Form 20 information for every constituency is uploaded on ECI’s website for the Lok Sabha elections and State Assembly Elections up to 2018. However, similar data is not available for the 2019 Lok Sabha Elections on the ECI’s website. Any interested person is now compelled to visit the websites of the Chief Electoral Officers (CEOs) of every State/UT, separately, to access this information.
Even here, there is no uniformity. While many CEOs have uploaded Part 1 of Form 20 which contains Polling Station-wise data of the number of votes cast (for example see Delhi CEO’s website), a few have published only Part 2 of Form 20 which contains aggregate data for each Assembly segment of the Parliamentary Constituency (for example see Bihar CEO’s website). It is Polling-Station-wise data that throws up some crucial questions when compared with the ECI’s claims and the RTI replies of BEL and ECIL.
Can randomisation of EVM/VVPATs be a credible a basis for the non-tamperability claim?
Two-stage randomisation of EVMs and VVPATs, once before their allotment to each constituency and next before sending them to each Polling Station, is one of the two pillars on which the ECI, the manufacturing companies and technical experts rest their arguments for the non-tamperability of these machines. If the capacities of the VVPATs produced by BEL and ECIL vary, can there ever be a true randomisation, given the lack of uniformity in the number of voters registered for each Polling Station? This is a seminal question that the ECI as the owner of the EVMs and VVPATs must answer urgently.

Conclusion

I would like to end this piece with a caveat. I am not alleging any wrongdoing by any authority through this research and analysis. All that I am pointing out is that the ECI and the manufacturing companies are reluctant to place detailed information about the working of EVMs and VVPATs beyond what they decide that the citizenry must know. This is just not acceptable.
Click HERE for more details.
—
*Programme Head, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor* Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das* India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor* A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment. The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents. The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).

How polarization between different ideological trends within the communist movement sharpened in India

By Harsh Thakor* This article is a rejoinder to A Note on Slogans of “Left Unity,” “Unity of the Communist Revolutionaries” and “Mass Line” by Umair Ahmed, published on the Nazariya blog .

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा* जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए।

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor* In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.

Search This Blog