direction to frame guidelines and to effect necessary
amendments in the Conduct of Election Rules, 1961.
5)
In view of the pendency of the appeal filed by Dr.
Subramanian Swamy, this Court issued notice in the writ
petition and tagged with the said appeal.
6)
Heard Dr. Subramanian Swamy, appellant-in-person in
the appeal, Dr. R.R. Deshpande, learned counsel for the writ
petitioner, Mr. Ashok Desai and Ms. Meenakshi Arora, learned
senior counsel for the ECI.
Contentions:
7)
Dr.
Subramanian
Swamy,
the
appellant
herein
contended before this Court that the present system of
EVMs, as utilized in the last few general elections in India,
does not meet all the requirements of the international
standards and though the ECI maintains that the EVMs
cannot be tampered with, but the fact is that EVMs, like all
electronic equipments, are open to hacking.
8)
The appellant has further highlighted that the instant
matter arises out of the refusal of the ECI to incorporate a
certain obvious safeguard in the EVMs called “paper
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