the right to have one's vote accurately counted
2
As per section 61-A, of the Representation of Peoples Act 1951
EVM = Ballot Box + Ballot Paper
( Inserted by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989).
3
As per section 2 ( r ) of the Information and Technology Act 2000 transaction on EVM ie voting is an electronic form
As per section 2 ( t ) of the Information and Technology Act 2000 the data sent and received is an electronic record and
As per section 7 ( b ) of the Information and Technology Act 2000 the electronic record is to be retained in the format in which it was originally generated, sent or received OR in a format which can be demonstrated to represent accurately the information originally generated, sent or received.
As per section 12 ( 1) ( a ) of the Information and Technology Act 2000, if the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment be given by any communication by the addressee, automated or otherwise. This has been done in order to ensure that the data has been sent and received, as per the wish of the originator.
4
The law is not limited to this only but it also confirms and clarifies that under the Indian Evidence Act, 1872 now evidence means not only record but electronic record and hence an acknowledgment be given to the elector/voter, in compliance with the laws.
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