Guwahati: The Gauhati High Court has scheduled November 4 for the next hearing of a Public Interest Litigation questioning the legality, credibility and technological transparency of Electronic Voting Machines (EVMs) used in the 2026 Assam Assembly election.
The PIL, registered as PIL 59/2026, came up before a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury. During the proceedings in Guwahati, the court indicated that the issues raised in the petition would require detailed consideration. The remaining parties are expected to present their submissions when the matter comes up next on November 4, particularly on the question of maintainability.
The petition has raised concerns over the semiconductor technology allegedly used in the EVMs, the programming of microchips and the availability of information relating to the source code of the technology. The petitioners have also referred to the reported involvement of Japan-based semiconductor company Renesas Electronics Corporation in Assam’s semiconductor-related initiatives.
The PIL was filed by Congress leaders Guptamani Sharma and Ripun Bora along with Assam Jatiya Parishad leader Ziaur Rahman. The petitioners have alleged that widespread irregularities involving EVMs contributed to the BJP securing a single-party majority in the 2026 Assam Assembly election. These allegations are now part of the issues placed before the High Court for judicial consideration.
According to the petitioners’ submissions, the present case raises questions that they believe are distinct from earlier legal challenges concerning the reliability of EVMs. They pointed out that previous cases before the Supreme Court and other High Courts had examined concerns about EVMs but had not resulted in findings that the machines were inherently unreliable.
The petitioners have instead focused on the semiconductor components and microchips allegedly used in the machines, as well as the transparency surrounding their programming. Ziaur Rahman has claimed that the relevant semiconductor components were manufactured by Japan-based Renesas Electronics Corporation. He has also questioned how much information about the programming of such components is available for public scrutiny.
The petitioners further alleged that the Election Commission of India has not made the relevant EVM source code publicly available. They referred to an RTI response which, according to their submissions, described the source code as classified information linked to national security.
Senior advocate Kamal Nayan Choudhury appeared for the petitioners and presented their arguments before the court. Counsel representing the Election Commission of India also placed the commission’s position before the division bench.
At this stage, the petitioners have not sought a declaration that the entire 2026 Assam Assembly election should be declared illegal. Their principal contention is that questions concerning the legality, credibility and technological transparency of the EVMs used during the election require judicial examination.
The November 4 hearing will therefore focus on the maintainability of the PIL. The court is expected to hear the remaining parties before deciding whether the petition can proceed to substantive consideration of the issues raised in it.
