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

US-China truce temporary, larger trade war between two economies to continue

By Prabir Purkayastha   The Trump-Xi meeting in Busan, South Korea on 30 October 2025 may have brought about a temporary relief in the US-China trade war. But unless we see the fine print of the agreement, it is difficult to assess whether this is a temporary truce or the beginning of a real rapprochement between the two nations. The jury is still out on that one and we will wait for a better understanding of what has really been achieved in Busan.

When growth shrinks people: Capitalism and the biological decline of the U.S. population

By Bhabani Shankar Nayak*  Critically acclaimed Hungarian-American economic historian and distinguished scholar of economic anthropometric history, Prof. John Komlos (Professor Emeritus, University of Munich), who pioneered the study of the history of human height and weight, has published an article titled “The Decline in the Physical Stature of the U.S. Population Parallels the Diminution in the Rate of Increase in Life Expectancy” on October 31, 2025, in the forthcoming issue of Social Science & Medicine (SSM) – Population Health, Volume 32, December 2025. The findings of the article present a damning critique of the barbaric nature of capitalism and its detrimental impact on human health, highlighting that the average height of Americans began to decline during the era of free-market capitalism. The study draws on an analysis of 17 surveys from the National Health and Nutrition Examination Survey (NHANES), conducted by the U.S. Centers for Disease Control and Prevention (...

Mergers and privatisation: The Finance Minister’s misguided banking agenda

By Thomas Franco   The Finance Minister has once again revived talk of merging two or three large public sector banks to make them globally competitive. Reports also suggest that the government is considering appointing Managing Directors in public sector banks from the private sector. Both moves would strike at the heart of India’s public banking system . Privatisation undermines the constitutional vision of social and economic justice, and such steps could lead to irreversible damage.

Shrinking settlements, fading schools: The Tibetan exile crisis in India

By Tseten Lhundup*  Since the 14th Dalai Lama fled to India in 1959, the Tibetan exile community in Dharamsala has established the Central Tibetan Administration (CTA) as the guardian of Tibetan culture and identity. Once admired for its democratic governance , educational system , and religious vitality , the exile community now faces an alarming demographic and institutional decline. 

Sardar Patel was on Nathuram Godse's hit list: Noted Marathi writer Sadanand More

Sadanand More (right) By  A  Representative In a surprise revelation, well-known Gujarati journalist Hari Desai has claimed that Nathuram Godse did not just kill Mahatma Gandhi, but also intended to kill Sardar Vallabhbhai Patel. Citing a voluminous book authored by Sadanand More, “Lokmanya to Mahatma”, Volume II, translated from Marathi into English last year, Desai says, nowadays, there is a lot of talk about conspiracy to kill Gandhi, Netaji Subhas Chandra Bose, and Shyama Prasad Mukherjee, but little is known about how the Sardar was also targeted.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Political misfires in Bihar: Reasons behind the Opposition's self-inflicted defeat

By Vidya Bhushan Rawat*  The Bihar Vidhansabha Election 2025 verdict is out. I maintained deliberate silence about the growing tribe of “social media” experts and their opinions. Lately, these do not fascinate me. Anyone forming an opinion solely on the basis of these “experts” lives in a fool’s paradise. I do not watch them, nor do I follow them on Twitter. I stayed away partly because I was not certain of a MahaGathbandhan victory, even though I wanted it. But my personal preference is not the issue here. The parties disappointed.