Skip to main content

Detecting defective EVMs: High margins of error "unacceptable", ex-babus tell poll panel

Counterview Desk
As many as 73 ex-civil servants, in a letter to the Election Commission of India (ECI), have sought urgent steps from ECI to make electronic voting machines (EVMs) more secure and less vulnerable to manipulation and tampering ahead of the Lok Sabha polls, scheduled in April-May this year. According to them, ECI’s audit plan is unable to detect outcome-altering miscounts due to EVM malfunction or manipulation, which defeats the very purpose of introducing ‘voter verified paper audit trail’ (VVPATs).
The ex-babus insist, spending hundreds of crores of rupees on procurement of VVPAT units makes little sense if their utilisation for audit purposes is reduced to an exercise in tokenism the ECI has not been transparent about the results of its VVPAT-based audit of EVMs for the various Assembly Elections held in 2017 and 2018.

The text of the letter:

We are a group of former civil servants of the All India and Central Services who have worked for decades with the Central and State Governments during our careers. We wish to make it clear that, as a group, we have no affiliation with any political party but believe in impartiality, neutrality and commitment to the Constitution of India.
With our collective experience of conducting and supervising elections from the local body to the parliamentary level, we wish to suggest what needs to be done to make the actual process of voting and counting as free as possible from suspicions of Electronic Voting Machine (EVM) malfunction and manipulation.
It is common knowledge that EVMs are ‘black boxes’ in which it is impossible for voters to verify whether their votes have been recorded and counted correctly, and in which miscounts due to EVM malfunction or manipulation are undetectable and unchallengeable. Hence, there is an imperative need for an additional verifiable physical record of every vote cast, in the form of ‘voter verified paper audit trail’ (VVPAT).
It allows for a partial or total recount independent of the EVM’s electronic count and helps detect counting mistakes and frauds that would otherwise go undetected. In 2013, the Supreme Court passed an order mandating the use of EVMs with VVPAT units, and the Election Commission of India (ECI) has been deploying VVPAT units in Assembly Elections from 2017 onwards.
If VVPAT is to have any real security or accuracy value, it should form the basis of a proper audit plan. This entails tallying the electronic count as per the EVMs with the manual count as per the VVPAT slips for a ‘statistically significant’ sample size of EVMs chosen at random from a suitably defined ‘population’ of EVMs. Equally important is a clear ‘decision rule’ about what should be done in the event of a ‘defective EVM’ turning up in the sample.
A ‘defective EVM’ is one in which the EVM count does not tally with the VVPAT count due to either EVM malfunction or manipulation. But the audit plan that the ECI has followed in recent elections suffers from the following serious shortcomings:
First, the ECI has prescribed a statistically incorrect sample size of just “one polling station (i.e. 1 EVM) per Assembly Constituency” uniformly for all Assembly Constituencies and all States. It has not taken into account the fact that the number of EVMs in an Assembly Constituency varies widely across States from about 20 to about 300, and in a State from 589 (for Sikkim) to 23,672 (for Chhattisgarh which is the median State) to nearly 1,50,000 (for Uttar Pradesh). We are of the view that a uniform sample size for widely varying finite population sizes does not conform to fundamental principles of statistical sampling theory.
Second, the ECI has not made public as to how it arrived at its sample size nor has it specified the population to which this sample size relates. The latter is important because the sample size is dependent upon how the population is defined.
If we assume that one percent of the EVMs are defective, the probability that the ECI's present sample size will fail to detect at least one defective EVM is 99 per cent if ‘EVMs deployed in an Assembly Constituency’ are defined as the population; 94 per cent if ‘EVMs deployed in a Parliamentary Constituency’ are defined as the population; and varies from about 2 per cent (UP) to 40 per cent (Chhattisgarh) to 71 per cent (Sikkim) if ‘EVMs deployed in a State as a whole' are defined as the population. Such high margins of error are unacceptable in a democracy.
Third, the ECI has been vague about its ‘decision rule’ in the event of one or more defective EVMs turning up in the chosen sample.
Fourth, the ECI has not been transparent about the results of its VVPAT-based audit of EVMs for the various Assembly Elections held in 2017 and 2018 and the details are not available on its website.
In short, the ECI’s audit plan is unable to detect outcome-altering miscounts due to EVM malfunction or manipulation, which defeats the very purpose of introducing VVPATs. Spending hundreds of crores of rupees on procurement of VVPAT units makes little sense if their utilisation for audit purposes is reduced to an exercise in tokenism.
Our group has been engaged over the past nine months in discussions with the ECI on issues relating to the proper VVPAT-based audit of EVMs. In our letter dated 10th December 2018 to the Chief Election Commissioner, we had sought clarifications from the ECI about certain pointed queries regarding the sample size and the decision rules.
We had requested that in the interest of ensuring public confidence and the cooperation of political parties, it would be in the fitness of things if the clear reasons for adoption of a particular sample size and the decision rule for counting of VVPAT paper ballots are placed in the public domain, including on the ECI website. But there has been no action on this front.
The lack of transparency in VVPAT-based audit of EVMs has fuelled various conspiracy theories about ‘mass rigging of EVMs’. There have been unacceptable demands for reversion to paper ballots. But the real issue today is not about “EVMs versus Paper Ballots”; rather it is about “EVMs with perfunctory VVPAT audit versus EVMs with proper VVPAT audit”.
Any electronic equipment is inherently subject to random malfunction. By its own admission, the ECI keeps about 20-25% of EVMs and VVPAT units in reserve to replace those which malfunction on the polling day within a few hours of the commencement of the poll. There is every likelihood that a certain percentage of EVMs may again malfunction randomly during the long interval of 15-30 days between the date of polling and the date of counting.
Perhaps this explains the occasionally noticed random discrepancies between the polling station-wise figures of voter turnout and the votes as counted in EVMs. The argument that some Presiding Officers ‘forgot’ to initialise the EVM count to zero at the end of the mock poll demonstration before the regular polling commences does not explain why there are positive as well as negative discrepancies.
As regards EVM manipulation, we wish to state that though it is highly improbable, this low probability can increase significantly with insider collusion. While the ECI has put in place a security protocol and various administrative safeguards that look impressive on paper, vulnerabilities do exist.
Large-scale rigging of EVMs may not be possible or necessary because potential attackers need to target only select EVMs to tip the balance in a few marginal, closely fought constituencies. What is worrisome is that without a credible VVPAT-based audit of EVMs, the fraud may be undetectable and may be carried on with impunity.
We, therefore, appeal to the ECI to go in for a statistically correct sample size that can detect at least one defective EVM with 99.9 per cent reliability, in a suitably defined population, by adopting the hypergeometric probability distribution model.
In something as important as ensuring the integrity of the election process – a process which in any case takes about 2-3 months from the date of announcement to the date of counting – a delay of a few hours or even a day in the manual counting of VVPAT slips of a larger (statistically correct) sample size of EVMs should not matter at all.
We also appeal to the ECI to adopt the following ‘decision rules’. Full manual counting of VVPAT slips should be done
  1. for all the remaining EVMs of the defined population if the sample throws up one or more defective EVMs,
  2. for closely contested constituencies where the margin of victory is below 2 per cent of the votes cast or 1000 votes, whichever is less, even if no defective EVM turns up in the sample, and 
  3. for those polling stations where the discrepancy between the votes polled in EVMs and votes as counted in EVMs is more than 2 per cent.
We request the ECI to implement these suggestions in the Lok Sabha elections due in April-May 2019. Though the counting process may take a little longer, the confidence of the voters and political parties in the electoral process will be reinforced. The ECI has a long and honourable record of holding free and fair elections. It is in the spirit of supporting it in maintaining these high standards that we write this open letter.
---
Click HERE for list of signatories

Comments

TRENDING

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Ongoing hunger strike in Ladakh draws fresh attention during PM’s Arunachal visit

By A Representative   Prime Minister Narendra Modi visited Arunachal Pradesh recently for two days. During his speech, a student from Keladha Adi District displayed a banner that read, “Stop the hunger strike, give Ladakh their rights,” in support of Ladakh climate activist and innovator Sonam Wangchuk. The student was later detained by the police. The incident drew attention to the ongoing hunger strike in Ladakh.

Rally in Patna: Non-farmer bodies to highlight plight of agriculture in Eastern India ahead of march to Parliament

P Sainath By  A  Representative Ahead of the march to Parliament on November 29-30, 2018, organized by over 210 farmer and agricultural worker organisations of the country demanding a 21-day special session of Parliament to deliberate on remedial measures for safeguarding the interest of farm, farmers and agricultural workers, a mass rally been organized for November 23, Gandhi Sangrahalaya (Gandhi Museum), Gandhi Maidan, Patna. Say the organizers, the Eastern region merits special attention, because, while crisis of farmers and agricultural workers in Western, Southern and Northern India has received some attention in the media and central legislature, the plight of those in the Eastern region of the country (Bihar, Jharkhand, West Bengal, Orissa, Chhattisgarh and Eastern UP) has remained on the margins. To be addressed by P Sainath, founder of People’s Archive of Rural India (PARI), a statement issued ahead of the rally says, the Eastern India was the most prosperous regi...

Supreme Court: Outsourcing jobs in public institutions cannot be used as a tool for exploitation

By Raj Kumar Sinha*  Ahead of the Assembly elections in Bihar, the issue of contract workers has heated up. A few days ago in Patna, around 9,000 land survey contract workers arrived at the BJP office demanding their jobs be made permanent and for the payment of outstanding salaries. These contract workers, who are involved in land measurement, were then subjected to a police baton charge. The protest had been going on for a month at the Gardanibagh strike site in Patna, Bihar. According to the contract workers, they have been working in various government offices, including the Revenue and Land Reforms Department, for years but do not receive the same rights and benefits as permanent employees. Their main demands are "equal pay for equal work" and guaranteed service until the age of 60.

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

'MGNREGA crisis deepening': NSM demands fair wages and end to digital exclusions

By A Representative   The NREGA Sangharsh Morcha (NSM), a coalition of independent unions of MGNREGA workers, has warned that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is facing a “severe crisis” due to persistent neglect and restrictive measures imposed by the Union Government.