EVM verification verdict compliance: SC defers hearing on NGO’s plea

New Delhi, Jan 21 (PTI) The Supreme Court on Tuesday deferred to February 11 the plea of an NGO seeking a strict compliance of its judgement on electronic voting machine verification and related processes.

A special bench comprising Chief Justice Sanjiv Khanna and Justice Dipankar Datta was hearing an interim plea of NGO Association for Democratic Reforms seeking directions to the election commission to conduct checking and verification of the burnt memory/microcontrollers of EVMs.

Justice Datta said, "When a case was filed on similar lines earlier, I had started dictating an order dismissing it on merits and then A M Singhvi (senior advocate) had said he was withdrawing it." "Now this should not be that case. Thus clarification must be there," he added.

Advocate Prashant Bhushan, appearing for the petitioner NGO, said the ADR had nothing to do with the plea.

"Please call for court records," said Bhushan.

The bench asked it's registry to place the records of the earlier case.

"The court records of the Karan Singh Dalal (case) shall also be given to the court…,” the CJI said while adjourning the hearing to February 11.

The NGO on December 23 last year filed the plea in a decided case seeking directions to the poll panel to ensure a strict compliance of the judgement.

The miscellaneous application stemmed from the April 26, 2024 judgment in which the top court bench laid down specific protocols for the checking and verification of EVM components, including their memory systems and symbol loading units.

The plea sought compliance with the court's judgment requiring verification of the "burnt memory" and microcontrollers of EVMs to ensure their integrity and security.

It highlighted 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 court, in its judgement, had rejected the demand for reverting to the old paper ballot system, saying the polling devices were "secured" and eliminated booth capturing and bogus voting.

However, the top court opened a window for aggrieved unsuccessful candidates securing second and third places in poll results, allowing them to seek verification of microcontroller chips embedded in five per cent EVMs per assembly constituency on a written request upon payment of a fee to the poll panel.

It had directed that starting May 1, 2024, the symbol loading units should be sealed and secured in a container and stored in a strongroom along with the EVMs for a minimum period of 45 days post-declaration of results. PTI