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"Right to information is an important right. At the same time, maintaining secrecy and confidentiality of the ballot papers is also an equally valuable right," the court said.
The Court passed the order on a petition filed by the Election Commission challenging the CIC's order which had directed it to provide information pertaining to which were noted down from electronic voting machines.
It had pleaded that confidentiality of voters have to be protected at any cost and it would be very easy to find out voting pattern if such information are revealed.
"We are under law precluded from having access to the information. We have custody of the machines but we don't have custody of the information containing in the machine," the Commission had said while expressing its inability to disclose such information.
"Once EVMs are sealed, it is no longer open to the Election Commission to de-seal them and re-examine the data stored in the control unit except under pre-conditions," the court said adding it could be desealed only after an order of a competent court.


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The laws may require change. Confidentiality should not lead to injustice to siciety.
This is unfair. The court should reconsider their decision. This gives EC controlled always by congress leaders to manipulate the election results. If EVMs are so perfect and cannot be tampered with, how come a recounting was necessary in Tamil Nadu at P Chidambaram's constituency. He was declared elected later by a mere 1000 votes whereas initial counting he was defeated by 800 votes. The case is pending in the court. If EVMs are sealed and nobody is allowed to reopen how the world will know if there was any manipulation. At least when a case comes to the court or any one asks for the iformation under RTI act, it should be given under court's monitoring to ensure transparency.
But Indians has a doubt if evms has been tampered to suit the results of congress and upa. Inspite of many blunders and anti India decisions, Indians are not fools to vote for congress and upa. Things are really wrong in India with respect to voting.
We have seen totally corrupt people are being selected by their equally corrupt relatives and friends as High Court and Supreme Court judges. They are immune from prosecution. That means they can do what they like, beyond any law. The result is highly corrupt judges, who throw away the Bofors Case, did nothing on Hawala case, never prosecuted any politicians only the officers in Lally Yadav case, did nothing to protect the Adibashis evicted from Narmada Valley. Now they refuse to look at the EVM, which can be doctored to give whatever result you want. This means, we do not have a Democracy anymore, but a Dictatorship of ManMohan Singh.
It means that Sonia servant Navin has something to hide and a placatable judge has also sung the same tune.
Cheating can not be the guide lines for protecting the cheaters under RTI. Court should come clean on these matters.
Everybody knows CongI doctored EVM in many election.
"confidentiality of the ballot papers is also an equally valuable right,", that means that EVMs also register who voted to which candidate and Hon. judge should know that is illegal. In other words the voting is not confidential because the ID of voter is also registered and can be used against the voter. If EVMs only register the vote but not the particulars of the voter then what is the "confidentiality of the ballat paper" ?
It is not surprising since this "confidential" information is in software and it is called "self distruct para". This para "allocate" votes as "instructed" in the software and finally the software distruct this offending para. It is like "self distruct" if a nuclear missile is launched by mistake. EVMs can be remotely controlled. In recent times the SC and HCs have also became pro-Congress, so it seems.
If the elections are to be considered and held as free and fair,the electorate have a right to know of the voting pattern and this right cannot be denied on the ground that it violates the secrecy of voting as has been held by the court.
What software is coded within EVM will remain a secret. Even if people did not voted for a particular candidate, he/she may still win by encoding the software in his/her favour. Its possible to seal EVM with software or algorithm moving in favour of desired candidate which is cyber crime. EVM and its associated software without transparency is blow to democracy. Its similar to how secret judges selection procedure is ?
This is a very poorly written news story. What "information" was being sought? Is it the algorithm that is run by the EVM or is it the actual data that would be stored in the EVM after the voting takes place? Obviously, the first has no effect on confidentiality and the second does.
It is utterly ridiculous to know the reason and argument of this Court of India by these bought judges. They behave that they are super-human and very special. The information in EVMs is the right of the people, if the Courts in India do not act right then there will be a very big revolution in India and the DEMOCRACY in Bharat will be doomed. Because of these stupid and corrupt Judges, 50% of Disctrict in Bharat under Naxalite controlled. Wake up you corrupt judges and government officials, else you will cease to exist.