Rape of Democracy by Misuse of Electronic Voting Machines

Friends, for us democracy is a big hope. At least we can use democracy to solve our
problems. And if the very democracy is raped by misuse of electronic voting machines (EVMs),
we may lose our last hope also. Therefore, I consider it as a very serious issue. Many people say
that in last Lok Sabha elections there occurred many cases of misuse of EVMs. There are many
people who say that. I can give you few examples. While opposing EVMs, BJP leader Lal
Krishna Advani said, “There used to be elections using EVMs in Germany. But, there was
apprehension about the EVMs among people. They approached the Supreme Court of Germany.
Through the Supreme Court the decision to conduct elections using EVMs was rescinded.
Technology in Germany is supposed to be more advanced. But the technologically advanced
country like Germany rescinded the decision of conducting elections using EVMs.” Therefore
according to Mr. Advani there cannot be fair elections in India also using EVMs. According to
Mr. Chandra Babu Naidu, Chief Minister of AP, several questions have been raised about
reliability of the EVMs. From all over the states I have received the complaints about the misuse
of EVMs. Therefore conducting elections using EVMs is not fair. Prakash Karat, General
Secretary of CPM says that in recent period a number of questions have been raised about the
reliability of EVMs in the poll process. Among the concerns there is possibility of tampering
with the programme chip embedded in the EVMs and further lack of any verifiable record is
another issue. This was in reference to 2009 general elections. Deputy leader of opposition of
Congress in parliament Mr. Gulam Nabi Azad, General Secretary of Congress and in-charge of
the party affairs in Odisha had alleged that manipulation of EVMs had led to party defeat in
assembly elections and general elections in the state. Thus, Navin Patnaik has won elections by
manipulation of EVMs. According to Jailalithaa, former chief minister of Tamil Nadu
functioning of EVMs is not proper and to conduct elections using EVMs is deceitful. Mamata
Banerjee said, “I was the first political leader to highlight that the EVMs could be programmed
to favour a particular candidate or party.” Communist party leader Sitaram Yechuri also
expressed similar opinion. Janata Dal leader Sharad Yadav has said that I have received
complaints about malfunctioning of EVMs from many regional party leaders. Election
Commission should convey a meeting of various political parties to allay their apprehension.
Mulayam Singh Yadav said that Election Commission should convey all party meeting, make
consensus and then only employ EVMs in elections. Ram Vilas Paswan also said that
malfunctioning of EVMs is quite possible. Subramaniam Samy also thinks in similar manner. All
these leaders are saying that elections should not be conducted using EVMs as it can be easily
tampered with. This was opinion of leaders after 2009 Lok Sabha elections.

I would like to point out that after knowing about the opinion of these leaders there may
be misunderstanding that this was the first case of malpractices in elections. But, malpractices in
elections started as early as first Lok Sabha elections were conducted in 1952 soon after the
constitution was adopted on 26 January 1950. Dr. B. R. Ambedkar had said that elections should
be free, fair and transparent. I would like to present you a brief history of malpractices in

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elections in India. Dr. B. R. Ambedkar had contested elections against Congress in 1952 and
surprisingly, who wrote the Constitution of India was defeated in the elections. Jawaharlal Nehru
had pitted a fourth standard fail candidate Mr. Kajrolkar against Dr. Ambedkar. Why Kajrolkar
was given ticket for elections by the Congress? Dr. Ambedkar had formed Bahishkrit Hitkarini
Sabha in 1924. Kajrolkar was general secretary of that organization. Congress splintered him
from Dr. Ambedkar. After winning elections Kajrolkar went to seek blessing of Dr. Ambedkar to
his home at Dadar in Mumbai. Bowing before Dr. Ambedkar Kajrolkar said, “I did not want to
contest elections against you because, for elections money is required, but I did not have money.
Nehru gave me Congress ticket so I told him that I do not have the money to contest elections.
Then Nehru gave me 25,000 rupees (equivalent to about 2.5 crore rupees today!).” Spending this
much money was not allowed. Thus, Kajrolkar won elections because of money. This amounts to
corruption. This is violation of the People’s Representation Act. Thus, malpractices in the
elections started way back in 1952. Dr. Ambedkar analyzed victory of Congress and had written
about it in his book, Linguistic States. Dr. Ambedkar mentions in the book that Congress did not
win elections because it is popular but because of corruption and second, congress gave power to
leaders of caste in the state which has majority (communal politics). This was followed by 1957
elections where, in addition to the corruption and communal politics Congress resorted to rigging
in order to maintain power, as the glamour of freedom fight had already had started fading. There
are written complaints of rigging in the record of Election Commission. I would like to give you
an interesting example of rigging in elections. Once, a Hajarat was contesting Delhi Metropolitan
Council elections. After the results were declared, to his surprise there was not even a single vote
in his account. He called press conference and told the press that I can understand that since I am
an old man people might not have voted for me. There are four people in my family, myself, my
wife, my son and my daughter-in-law. I can understand that my son and daughter-in-law being
well educated might have thought that what can do an old man like him (Hajarat)? So they did
not vote for me. I can also understand that due to some reason my wife also did not vote for me.
But I am not so fool that I will not vote to myself. There is not even a single vote in my account.
What happened to the vote that I cast for myself? Then in 1962 elections in addition to
corruption, communal politics, rigging one more dimension was added to the arena of elections
viz. booth capturing. Thus muscle power was used in elections for booth capturing. In 1967, for
the first time Congress was defeated in many states and in many states especially in North India
coalition governments were formed. Ram Manohar Lohia formed alliances of many parties. This
was to allay misunderstanding of the people that if only congress is going to win there was no
meaning of voting. This was repeated in next elections as well. Then Congress started giving
tickets to muscle men. Those who could not get tickets contested independently and won
elections. Then media was also used for this purpose which was followed by use of communal
riots.

Thus various means were adopted in the history of elections before misuse of EVMs.
Latest in this chain is the misuse of EVMs. Now, I would like to raise a big question before you.
There are 3.5% Brahmins in our country. In my village there was only one Brahmin and in

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nearby twelve villages there was not even a single Brahmin. On the basis of numbers a Brahmin
cannot even become a member of a village Panchayat. Then how can he become a Sarpanch
(village head). If a brahmin cannot become head of a village on the basis of numbers then how
he can become head of the country (Prime Minister)? In India population of Brahmins is 3.5%, in
Maharashtra it is even less than 2%. According to the People’s Representation Act there is
provision which party should be given the status of a national party. That party which earns 4%
votes in four states can be called a national party. If there are only 3.5% Brahmins in India from
where they will bring remaining 0.5% votes to become a national party? Thus there cannot be
even a single state level party of Brahmins. In U.P. there are 8% Brahmins so we can say that
there can be a state level party in U.P. But, Brahmins have four recognized national level parties
i.e. Congress, BJP, CPI and CPM. It is evident that these parties did not become national parties
because of their (brahmins’) own votes. But 3.5% brahmins have taken control of the Parliament
in India. Then question arises those who cannot become even member of a Panchayat how took
control of the Parliament? All the four pillars of democracy are under the control of Brahmins.
Even military, education and all other institutions are in their control. In democracy majority
should be in power but in India it is the minority who is in power. The ruling class enslaved us
Mulnivasi Bahujan but unfortunately many of us are not even aware of it. On the contrary, many
of us are enjoying the slavery.

In democracy minority cannot rule the majority but this is happening in India. How it is
happening? This is possible because the minority is resorting to corruption, communal politics,
rigging, booth capturing, use of muscle power and many other illicit means. We are in majority
but we have to ask for tickets to 3.5% Brahmins. Thus, Brahmins have made beggars of us.
Those who ask for tickets should be called beggars but we call them as leaders. There is not even
a single national party of the majority (Mulnivasi Bahujan). It is also seen that the minority,
which has money, that do not want to solve our problems, buy the votes of the poor people and
win elections. Once, Louise Pasteur wrote a letter to Gandhi and asked, “Congress is a big
organization and for running the organization money is required. Where this money comes
from?” Gandhi wrote letter and replied, “Sadly I have to accept that all the money comes from
traders and businessmen.” Now, you tell me, that party which is taking money from traders and
businessmen can work for betterment of the poor? This is simply impossible. Congress and BJP
are both Brahmin-bania parties that receive money from traders and businessmen.

There was discussion on TV that in 2009 elections that out of the 100 votes of the poor
40 votes were cast after receiving money from the political parties. 4 to 5% vote is crucial for a
candidate to win or lose in the elections. It is evident that those who are buying these votes are
definitely going to win. Now-a-days for ruling the majority the minority is buying these votes.
As a result minority is ruling the majority. This was going on even before the advent of EVMs.

Now I would give you some information on misuse of EVMs. One, before 2009 elections
Congress party recruited some people who were involved in hacking bank and credit card
accounts in U.S. These people were employed in the election work. Naturally, Congress won
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many seats in 2009 Lok Sabha elections, with the help of these people. U.S. president Jimmy
Carter said, “In the business of elections those people which are used need not be trusted that
these people will not be involved in malpractices.” Then if the staff is using EVMs, then it is
quite possible that they could be involved in the malpractices. Second, Homi Saigal a retired IAS
officer had shared his experience about 2009 elections. An authorized manufacturer of EVMs
sent a proposal to father one of his friends from Maharashtra, son of an ex-MP, that he can
secure more than 50% votes for his (ex-MP’s) son, he (manufacturer) had that technology but he
should be paid 5 crore rupees for that. If one of the staffs can do it others can also do it.
Manufacturers of the machines are not involved in the election work but are outsider in the
election process.

There are some other things also that I would like to share with you.

1. All the developed countries like U. S., Germany, Europe, Australia, New Zealand,
etc. barred elections using EVMs and are using only the paper ballot. With paper
ballot you are sure to whom you have cast your vote since you yourself fold the ballot
and drop in the ballot box. But that is not the case with EVMs. When you press the
button of EVM, there is only the beep but you are not sure to whom you have cast
your vote. Therefore all the developed countries barred the use of EVMs and started
using paper ballot only. Our country is not developed but still a developing country.
Why this technology is thrust upon the people where more than 50% of them are still
illiterate? This is because the minority can tamper with the EVMs and win elections
as they wish and rule the majority.
2. Code number of the EVMs is secret and known to the people where it is
manufactured e.g. in Japan. A person in Japan can change the entire result within
seconds! Distance between India and Japan is about 8 to 10,000 Km. Satellites are
sent in the space from earth hundreds and lakhs miles away. When there is some
problem with the satellite engineers repair them while sitting on the earth with the
help of remote sensing technology. Therefore, tampering with EVMs is not a big deal.
If secret code is in e.g. Japan results of the EVMs can be manipulated sitting in Japan
also. If we cannot manufacturer those machines in India then why it is used in India?
What is the purpose behind it? They do not have any answer to this question.
3. In Ardhapur taluka of Nanded district in Marathawada region of Maharashtra election
officer Mr. Nishikant Deshpande called representatives of the seven political parties
in his office to demonstrate how EVMs can be misused. He requested all of them to
cast their votes using EVMs during the Municipality elections. They cast their votes
for their respective parties. But, out of 7 votes 5 votes went in the account of
Congress. A complaint was made about it and the machine was barred from use.
4. In Sivaganga constituency of Tamil Nadu Mr. P. Chidambaram lost during the first
and the second counting but surprisingly won in the third counting. Finance minister
of the country was elected in this manner.

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 5. 54 votes cast by the MPs during non-confidence motion simply disappeared. Thus,
with EVMs in addition to fraudulent counting of votes, one can also experience
miracle of vanishing votes. Election Commission ordered to investigate the matter.
Expert committee was formed. The expert committee started investigation. Govt
realized that if the matter is investigated it will be exposed so the govt transferred the
general manager of Bharat Electronics Ltd. Another manager was appointed. He
called off the scheme itself. Then election commission also cancelled the scheme. The
expert committee was also scrapped.
6. 13 lakh 78 thousand EVMs were procured for 2009 elections. 4 lakh 48 thousand
repaired machines were employed where Mayawati, Mamta Banerjee, communists
were ruling or where other opposition party of congress was ruling so that the staff of
these states should not come to know about tampering of machines. Remaining 9 lakh
30 thousand EVMs were employed where congress was ruling where tampering was
easily possible. When an RTI activist asked for information about old 9 lakh 30
thousand EVMs in 2009 no information was furnished even after the 2014 Lok Sabha
election were over.
7. In Mukhed assembly elections in Nanded district of Maharashtra in 2009 on booth no.
265 all the votes cast went in the account of Congress. In Sewri assembly elections in
Mumbai same thing was observed on booth number 183.
8. In 2014 Lok Sabha elections there was 55% voting in Varansi but after counting the
votes it was found to be 62%. 1lakh 87 thousand votes were found to be extra. Where
these extra 7% votes come from? As a result Narendra Modi won from Varanasi.
9. In Badodara cabinet minister Patel from Gujarat made a statement before eight days
of declaration of results of 2014 Lok sabha elections that Narendra Modi will win
elections by more than 5 lakh votes, and he won the elections also by more than 5
lakh votes. Can we call it just a coincidence or a miracle due to EVMs.
10. District collector, authorized technical officer, manufacturer of EVMs and associated
people can be involved in the EVM scams. Employees of the manufacturing
company, Bharat Electronics Ltd. know the secret of EVMs. They can also be
involved in the EVMs scams.
11. EVMs can also be tampered with using microchip, blue tooth, etc. EVMs can also be
‘rigged’. Number of votes can also be changed, votes can be transferred from one
candidate to another candidate. Virus can be introduced in EVMs. Wireless micro-
transmitter can be feed and results can be manipulated. EVMs can also be misused by
programming also!

In 2009 general elections Congress made plan of misusing EVMs in about 300 seats.
Therefore congress won 207 seats. From all this analysis we can say that EVMs are thrust upon
us. Therefore democracy is being raped by misuse of EVMs and this is violation of the
fundamental right. Therefore some people moved the Supreme Court after 2009 elections. The
Supreme Court gave the verdict of 36 paragraphs. I will read only few of the points briefly.

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 1. From the materials placed by both the sides we are satisfied. We are of the
opinion that paper trail is an indispensable requirement for a free and fair election.
2. Confidence of the voter in the EVMs can be achieved only with the introduction
of the paper trail. EVMs with paper trail will ensure the accuracy of the voting
system.
3. It is necessary to set up EVMs with paper trail system because vote is nothing but
an act of expression which has an immense importance in democratic system. In
the light of the above discussion and taking notice of the pragmatic and
reasonable approach of the Election Commission of India and considering the fact
in general election all over the India the ECI has to handle 1 million 10 lakh
polling booths to permit the ECI introduce the same in gradual stages or
geographical-wise in the ensuing general elections. The area, state or actual
booths are to be decided by the ECI and the ECI is free to implement the same in
phased manner. We appreciate the efforts and the gesture made by the ECI in
introducing the same.
4. Before parting with the case we record our appreciation for the efforts made by
Dr. Subramaniam Samy as well as the ECI in particular and Mr. Ashok Desai and
Ms. Minakshi Arora, learned senior counsel for the ECI. With the above direction
the appeal and the writ petition are disposed off. No separate order is required in
the application of intervention. Both sides are permitted to approach this court for
further direction, if the need arise.
Thus, the Supreme Court had ordered the ECI to implement the paper trail in general
elections in 2014. But paper trail was not implemented in the 16th Lok Sabha elections. The
Supreme Court had ordered on 8 October 2013 i.e. six months before the elections. Now, if ECI
did not implement why Dr. Subramaniam Samy is quiet? Why he did not approach the Supreme
Court? Instead of approaching the Supreme Court he joined BJP. This is quite surprising. Since
25 years RSS had distanced Dr. Subramaniam Samy from itself. Then why Dr. Subramaniam
Samy was accepted now?
Mr. Sanjay Nirupam, Congress MP from Mumbai had also said on TV that there was
problem with EVMs. State unit of Assam also objected to EVMs. But Congress leadership in
centre did not pay attention to it. There was EVM scam in Odisha and West Bengal also. Adhir
Ranjan Chaudhary, Congress president of West Bengal gave written complaint to the ECI. But
central leadership ignored it. Even after Congress was routed, it did not blame the EVMs. Why?
When Congress was involved in EVM scams in 2009 elections, L. K. Advani came to know
about it, Subramaniam Samy came to know about it. So many other leaders also knew about it.
When so many leaders came to know, Congress asked BJP to keep quiet. Otherwise, Congress
will not be in trouble but since Congress is the brahmin party, all over country there will be trust
deficit about Brahmins and there will be movement against the Brahmins and the election will be
cancelled. So, the danger is not only for Congress but for the ruling class i.e. Brahmins. And if
this happens, BJP also being a brahmin party will also be in jeopardy. Therefore we request you

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to keep quiet. We accept that we misused EVMs in 2009 elections but keep quiet now, you do it
in 2014 elections. This is the reason Congress is quiet now. Such a big incident happened but
even media is also silent. Why? Because the media is also controlled by Brahmin-bania. The
minority wants to maintain its hegemony over the majority.
According to nation-wide awakening programme 51000 meetings will be organized
throughout the country against the rape of democracy by misuse of EVMs. For this 2,000
activists will be trained and employed all over India. BAMCEF is an organization of employees.
There is one holiday in a week. There are 52 weeks in a year. If an activist conducts one meeting
in a week he can conduct 52 meetings in a year. 1,000 activists will conduct 52,000 meetings in a
year. Then 2,000 activists will conduct 1,04,000 meetings. But we have made a plan that at least
51,000 meetings should be conducted throughout India in 29 states, 535 districts, 4,000 talukas
and 50,000 blocks.