A Part of India is going to elections today. Five states namely
Tamilnadu, Kerala, West Bengal, Assam, and Pondicherry are electing
representatives for their respective state assemblies. One feature of this
election is that "Electronic Voting Machines" will be used in all the states
to record, process and store the votes cast. In the process, the
Electronic Documents as defined by Sec 2(f) of the ITA-2000 will come into
It may be observed that this is the first election after the passage
of the Information Technology Act after which electronic documents have come
to be legally recognized.
The interesting issues to be discussed are,
"Does the earlier amendments to the People's Representation
Act" enabling electronic voting get superseded by the ITA-2000?
If there is a dispute on "Rigging" and "Tampering of Voting Machines", can action
be taken under Section 66 of the ITA-2000 for "Hacking"?
If there is a dispute on the corruption of data due to an induced system
error, can it be construed as a "Virus" and action initiated under the
Can "Impersonation" amount to "Unauthorized Access" to the system?
When the Election Commission hears case of "Booth Capturing" and
"Mass Bogus Voting", it may have to be prepared for the counsels of the candidates invoking
ITA-2000 to argue in their favour.
Mr Gill the Chief Election Commissioner has gone on record that
the next General Election, may be conducted entirely on Electronic voting
Before the entire country goes into "Cyber Voting", a thought has to
be reserved for the need to educate all the Election officials on "Cyber
Laws" and the feasibility of allowing "Voting Through Internet" using a
"Valid Digital Signature"...atleast in lieu of "Postal Ballots"
May 10, 2001
Do readers have a views on this? or suggestions?. If so, Your
views can be sent here