New Delhi: The Election Commission on Monday strongly rebutted the Aam Aadmi Party's allegations that EVM voting machines have been tampered with and unlawfully being deployed for the upcoming by-polls in Madhya Pradesh.


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In a point-by-point rebuttal, the Commission said that by law EVMs once used in a poll cannot be used for 45 days from the date of declaration of the results.


However, in the case of VVPAT, it's not required by law to be retained in a strong-room for the purpose of election and they can be used in any other election.


VVPATs are machines that give out the slips to show which party you have voted for.


Without naming any political party, the Commission today rubbished the allegations as “baseless observations”.


Delhi Chief Minister and AAP convenor Arvind Kejriwal had alleged that the EVMs used in the UP elections were deployed for Madhya Pradesh by-polls.


He claimed that the EVMs have been shifted from Uttar Pradesh to Madhya Pradesh for the purpose of by-elections with total discard to the 45-day cover.


The AAP convenor also expressed doubts over EVMs' security features, demanding that the civic polls in Delhi be conducted using paper ballots.


Kejriwal alleged that all EVMs that would be used in the upcoming elections across the country were being brought in from Uttar Pradesh.


The Commission sought to draw a distinction between an EVM machine and a VVPAT machine.


It said that unlike EVMs, VVPATs are not required by law to be kept in strong rooms.


It has also clarified that for Bhind by-polls, only the reserved VVPAT machines, not used during the actual poll, have been redeployed.


“Certain baseless observations and allegations have been made by a leader of a political party today in a press conference regarding the use of EVMs.


“It has been alleged that EVMs as per law cannot be taken out for 45 days from the date of declaration of results but still EVMs for the bye-polls in the Madhya Pradesh were taken out and shifted from Uttar Pradesh.


“The Commission would like to clarify the legal position. The EVMs used in any election shall be kept in a strong room after declaration of results and shall not be accessed by anyone till the period of filing of election petition is over.


“The election petition has to be filed within 45 days. However, in case of WPAT machines, the printed paper slips have to be retrieved at the time of counting and sealed in a paper envelope.


“And only these sealed paper slips have to be kept inside the strong room along with the EVMs,” the Commission said in the statement.


“Aspersions have also been cast on the Election Commission of India that EVMs from Uttar Pradesh were moved to Bhind, Madhya Pradesh.


“The Commission would like to point out that these allegations are completely baseless and made without verifying the facts.


“Required number of WPAT machines were moved from different States for use in bye-polls as per the existing policy of the ECI.“


The Commission had earlier advised the AAP to introspect about its "unsatisfactory poll performance" in the assembly elections rather than attributing it to the alleged failure of the EVMs.