NEW DELHI: The Supreme Court on Tuesday sought the Election Commission of India‘s (ECI) response to the pleas seeking verification of the burnt memory and symbol loading units in Electronic Voting Machines (EVMs) in compliance with its judgement.
A special bench comprising Chief Justice Sanjiv Khanna and Justice Dipankar Datta asked the poll panel to avoid erasing or reloading data during the verification process.
The pleas sought a direction to the ECI to check and verify burnt memory/micro-controllers and the symbol loading unit (SLU) of the EVMs.
The SC bench asked the poll panel to file its response within 15 days and explain the procedure adopted and posted the matter in the week commencing March 3.
NGO Association for Democratic Reforms (ADR), in a new plea, had argued that the Election Commission’s standard operating procedure for EVM verification did not align with the court’s ruling in the EVM-VVPAT case.
In its April 26, 2024, judgment, the top court had dismissed the demand for a return to paper ballots, affirming that EVMs were secure and had helped eliminate booth capturing and fraudulent voting.
However, the ruling provided an opportunity for candidates who finished second or third in the elections to request verification of micro-controller chips in 5 per cent of EVMs per assembly constituency.
This verification could be sought through a written request and by paying a prescribed fee to the Election Commission of India.
On Tuesday, the bench sought clarification from the Election Commission regarding the erasure and reloading of polling data.
It emphasized that the court’s ruling did not require such measures but only called for verification of EVMs by an engineer from 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, according to news agency PTI.
“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,” he further said.
The top court also refused to entertain a fresh petition from former Haryana minister and five-time MLA Karan Singh Dalal, expressing displeasure over the concealment of details regarding a similar plea that had been withdrawn earlier.
The court also directed that, starting May 1, 2024, the symbol loading units be sealed in a container and stored alongside EVMs in a strongroom for at least 45 days after the election results were declared.
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.
Seeking the poll panel’s response, the bench recorded its assurance that no modification or correction of EVM data would take place during the verification process.
“Mr Singh (ECI counsel) states that they will clarify the position by filing a short affidavit explaining the procedure adopted by them. He also states they won’t be doing any modification/correction of the data,” it said.