Gauhati HC begins hearing on PIL challenging credibility of EVMs used in Assam polls

The Gauhati High Court on September 18 began hearing arguments on the maintainability of a Public Interest Litigation (PIL) filed by opposition leaders challenging the credibility and legal acceptability of Electronic Voting Machines (EVMs) used in the 2026 Assam Assembly election.

A bench headed by Chief Justice Ashutosh Kumar fixed November 4 for the next hearing on the admissibility of the PIL, when the parties are expected to advance further arguments on whether the petition can be entertained.

The petition has been filed by Assam Jatiya Parishad (AJP) leader Ziaur Rahman along with Congress leaders Guptamani Sharma and Ripun Bora.

The petitioners have raised questions about the semiconductor technology and microchips used in EVMs, the disclosure of source code and the transparency surrounding the programming of the machines.

According to Rahman, the PIL is different from earlier petitions that broadly questioned the reliability of EVMs, as it specifically raises issues concerning the microchips or semiconductor components used in the machines and the extent to which their programming can be independently scrutinised.

The petitioners have also raised questions over an alleged connection between a major Japanese semiconductor company and Assam’s semiconductor investment initiatives. Rahman claimed that officials of the Japanese company had met Assam Chief Minister Himanta Biswa Sarma during his visit to Japan in January 2025.

The petitioners have further questioned whether sufficient information about the programming and source code of EVM technology is available for public scrutiny. They have alleged that the Election Commission of India has not made the relevant source code publicly available.

The PIL also raises questions about what the petitioners describe as similar polling patterns across a large number of constituencies during a particular period on polling day. Rahman has alleged that such patterns required judicial scrutiny.

These allegations form part of the petition and have not been established by the Gauhati High Court. The court is currently examining the maintainability of the PIL and has not ruled on the petitioners’ claims.

During Friday’s hearing, counsel for the petitioners and the Election Commission presented their arguments. The Assam government is expected to present its position at a subsequent hearing, while the Japanese company named in the proceedings is also a party.

Rahman said the court had indicated that the matter was serious and sensitive and involved issues connected with EVM-related cases pending before or already decided by the Supreme Court and other high courts.

The next hearing on maintainability has been scheduled for November 4.