SC rejects PIL seeking audit of EVM software, CJI says move may make EVMs susceptible to hacking

New Delhi: The Supreme Court on Friday refused to entertain a plea seeking an audit of the software used in electronic voting machines (EVMs).

Observing that the matter involved a "policy issue", a bench headed by Chief Justice of India D Y Chandrachud said the source code of the software cannot be put in the public domain as it will make the EVMs susceptible to hacking.

The bench questioned the petitioner Sunil Ahya if he had material evidence to cast doubts on the functioning of EVMs. Ahya told the bench that the source code is the brain behind EVMs and that citizens are voting through a system that is not audited. The petitioner further contended that he had submitted three representations to the Election Commission but to no avail.


Finding little force in the contentions raised, the bench observed that no actionable material has been placed on record to suggest that the ECI has acted in breach of constitutional mandate.

The SC also observed that the petitioner had earlier moved a similar plea before the 2019 elections. Back then, it was held that due to impending elections, it was not possible to get into the plea.