Gauhati HC hears PIL challenging EVM technology in Assam Assembly polls

The Gauhati High Court heard arguments on a PIL challenging the credibility and legal acceptability of EVMs used in Assam Assembly polls. The petitioners raised concerns over semiconductor technology, source code disclosure and transparency, with the next hearing scheduled for November 4

Guwahati: The Gauhati High Court has taken up the hearing arguments on the maintainability of a Public Interest Litigation (PIL) challenging the credibility and legal acceptability of Electronic Voting Machines (EVMs) used in the recent Assam Assembly elections, officials said on Saturday.

A bench led by Chief Justice Ashutosh Kumar heard submissions and fixed November 4 for the next hearing, when further arguments are expected on whether the petition can be admitted.

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The PIL has been filed by the Assam Jatiya Parishad (AJP) leader Ziaur Rahman along with Congress leaders Guptamani Sharma and Ripun Bora.

The petitioners have raised concerns regarding the semiconductor technology and microchips used in EVMs, the disclosure of source code and the transparency of the machines’ programming.

They contend that the technology should be subject to greater independent scrutiny.

According to Rahman, the petition differs from earlier legal challenges that questioned EVM reliability in general, as it focuses specifically on the semiconductor components and the possibility of independently examining their programming.

The petition also refers to an alleged connection between a major Japanese semiconductor company and Assam’s semiconductor investment initiatives.

Rahman has claimed that officials of the company met Assam Chief Minister Himanta Biswa Sarma during his visit to Japan in January 2025.

The petitioners have also alleged that the Election Commission of India has not made the relevant EVM source code publicly available.

They have questioned whether sufficient technical information is accessible for public examination.

Another issue raised in the PIL concerns alleged similarities in polling patterns across several Assembly constituencies during a particular period on the polling day.

Rahman has said that these patterns warrant judicial scrutiny.

However, the allegations form part of the petition and have not been established by the High Court.

The ongoing proceedings are currently limited to the maintainability of the PIL, with no court judgment issued on the substantive claims.

During the September 18 hearing, counsel representing the petitioners and the Election Commission advanced their arguments.

The Assam government is expected to present its position at a subsequent hearing, while the Japanese company named in the proceedings is also a party.

Rahman said the court had indicated that the matter was serious and sensitive, involving issues connected with EVM-related cases before the Supreme Court and other high courts.

The next hearing is scheduled for November 4.