Gauhati High Court PIL Challenges Credibility, Legality of EVMs Used in Polls

Staff Reporter

Guwahati: The Gauhati High Court (HC), in a Public Interest Litigation (PIL) regarding the legality and credibility of the EVMs used in the election, fixed the next hearing on maintainability for November 4, when the remaining parties are expected to be heard and the court will consider whether the PIL is maintainable. The HC indicated that the issues would require detailed consideration.

The PIL (59/2026) came up before the division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury. The PIL challenged the credibility and legal acceptability of Electronic Voting Machines (EVMs) used in the 2026 Assam Assembly election, with the petitioners raising questions over the semiconductor technology allegedly used in the machines, the disclosure of microchip source code and the reported connection of Japanese semiconductor major Renesas Electronics Corporation with Assam’s semiconductor initiatives.

The Congress’ Guptamani Sharma, Ripun Bora, and AJP’s Ziaur Rahman filed the PIL. The petitioners have alleged that widespread irregularities involving EVMs contributed to the BJP securing a single-party majority in the 2026 Assam Assembly election. These allegations are now before the court for judicial examination.

According to the petitioners, the HC observed that the matter was serious and sensitive and involved issues connected with cases concerning EVMs pending or decided before the Supreme Court and other High Courts. However, the petitioners pointed out that earlier challenges concerning the reliability of EVMs before the Supreme Court and other High Courts did not result in findings establishing that EVMs are inherently unreliable. However, according to the petitioners, the present PIL raises a distinct issue by specifically questioning the microchips or semiconductors used inside the EVMs and the transparency surrounding their programming.

Ziaur Rahman has alleged that the microchips or semiconductor components used in the EVMs were manufactured by Japan-based Renesas Electronics Corporation. He has also questioned the extent to which information relating to the programming of such chips is available for public scrutiny. He alleged that the Election Commission of India has not made the source code of the relevant EVM technology publicly available. He further referred to an RTI response which, according to him, described the source code as classified information connected with national security.

Senior advocate Kamal Nayan Choudhury appeared for the petitioners and advanced arguments before the court. Counsel for the Election Commission also placed its position before the court.

The petitioners did not claim in the petition that the 2026 Assam Assembly election should itself be declared illegal at this stage. Their contention is that the fundamental issue before the court is the legality and credibility of the EVMs used in the election.

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