NEW DELHI: The Supreme Court on Friday refused to entertain a PIL seeking an independent audit of source code of the electronic voting machines (EVMs) used by the Election Commission, saying no “actionable material” was placed to indicate that the poll panel was in breach of its “constitutional mandate”.
Observing that it will not venture into the “policy issue”, the top court dismissed the PIL which had also sought a direction to the poll panel to put in the public domain the audit report, if any, of EVM’s source code.
“The Election Commission of India (ECI) is entrusted constitutionally with superintendence and control over the conduct of elections. Presently, the petitioner has placed no actionable material on the record in this court to indicate that the ECI is actually in breach of its constitutional mandate,” a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said in its order.
The bench said the manner in which the source code should be audited and whether audit report should be placed in public domain falls within domain of the poll panel.
“On such a policy issue, we are not inclined to issue a direction of this sort which has been sought by the petitioner.”