EVM verification plea: The Supreme Court on Tuesday asked the Election Commission of India to respond within 15 days explaining the procedure adopted on pleas seeking verification of burnt memory and symbol loading units in EVMs.
A special bench comprising Chief Justice Sanjiv Khanna and Justice Dipankar Datta asked the poll panel to refrain from erasing or reloading data during the verification process. The matter has been scheduled for hearing in the week beginning March 3.
‘Don’t erase or reload data’
On Tuesday, the bench asked the poll panel on the erasure and reloading of polling data. The bench said the judgement did not mandate such actions but merely required verification of the EVMs by an engineer of the manufacturing company.
“What we intended was that, if after the polls somebody asks, the engineer should come and certify that, according to him, in their presence, there is no tampering in any of the burnt memory or microchips. That’s all. Why do you erase the data?” asked the CJI.
He went on, “We didn’t want such a detailed process that you reload something. Do not erase the data, do not reload the data — all you need to do is have someone verify and examine.”
The bench also raised concerns over the cost of verification set by the EC after being informed that Rs 40,000 was charged for verifying one EVM. “Reduce the cost of 40,000 — that’s too high,” it said.
What was the plea?
The pleas sought a direction to the Election Commission to check and verify the burnt memory/micro-controllers and the symbol loading unit (SLU) of electronic voting machines (EVMs).
The bench issued notices to the poll panel regarding an interim application filed by the NGO Association for Democratic Reforms (ADR) and losing candidate Sarv Mitter, represented by senior advocate Devadatt Kamat.
In a fresh plea, ADR argued that the Election Commission’s standard operating procedure for EVM verification does not comply with the 2024 judgment issued in response to its petition in the EVM-VVPAT case.
It underscored the need to verify the symbol loading unit, a critical component of the EVM infrastructure, to maintain transparency in the electoral process.
The plea urged the court to direct the EC to refrain from clearing or deleting the contents of the original burnt memory of EVMs, particularly in cases where verification applications were pending.
The top court directed that from May 1, last year, the symbol loading units should be sealed and secured in a container and stored in a strongroom along with the EVMs for a minimum of 45 days post-declaration of results.
(With PTI inputs)
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