Direct ECI To Check & Verify EVM's Burnt Memory & Symbol Loading Unit : ADR's Plea In Supreme Court

sThe Supreme Court is scheduled to consider on February 11 an application of the Association for Democratic Reforms (ADR) seeking directions to the Election Commission of India (ECI) to include the checking and verification of burnt memory of EVMs in their Standard Operating Procedures. The bench of CJI Sanjiv Khanna and Justice Dipankar Datta ordered to list the matter for hearing on February 11 along with another similar case titled Karan Singh Dalal v. ECI seeking verification and checking of Electronic Voting Machines (EVMs) used in the 2024 Haryana elections. The matter is a Miscellaneous Application filed by ADR in the case ADR v Election Commission, in which the Supreme Court delivered a judgment on April 26, 2024 with respect to EVM-VVPAT verification.The main contention of ADR in the plea is that the Administrative and Technical Standard Operating Procedures (SOPs) issued by the ECI on June 1, 2024, and July 16, 2024, lack adequate guidelines for checking and verification of (1) burnt memory or microcontroller of EVMs and (2) Symbol Loading Unit (SLU). Thus, the SOPs issued are in non-compliance with the 2024 decision in ADR v. ECI and Another. The ADR argues that as per the SOPs issued, the ECI would conduct a "mere diagnostic check of EVM units and conduct of a mock poll, without any checking and verification of the burnt memory or chip (or data contained therein) by manufacturers of EVM. Furthermore, the role of engineers from BEL/ECIL in the so-called checking and verification exercise is to help conduct the mock poll and count the VVPAT slips generated in the mock poll." The absence of complying guidelines defeats the essence of the landmark decision which intended to ensure that no malice or foul play is done during polling, the Association states.The plea stated that the "absence of any SoP for checking of burnt memory blatantly disregards the directions passed by this Hon'ble Court. The wilful non-compliance by the ECI of the directions passed by this Hon'ble Court shows reluctance on the part of the ECI to subject the burnt memory/microcontroller from any scrutiny whatsoever." Thus, the procedure excludes checking and verification of the burnt memory of the Control Unit, Ballot Unit, VVPAT and SLU. This exclusion violates the Supreme Court's directions in the ADR Case where the Top Court laid the following crucial directions : (1) That on completion of the symbol loading process in the VVPAT, undertaken on or after 01.05.2024, the Symbol Loading Unit (SLU) shall be sealed and secured in containers. The candidates or their representatives shall sign the seal. The sealed containers containing the SLUs shall be kept in the strong rooms along with the EVMs at least for a period of 45 days post the declaration of results. They shall be opened and examined and dealt with as in the case of EVMs.(2) That the burnt memory semi-controller in 5% of the EVMs, that is the Control Unit, Ballot Unit and the VVPAT, per assembly constituency or assembly segment of the Parliamentary constituency, shall be checked and verified by a team of engineers from the manufacturers of the EVM post the announcement of results, for any tampering or modification, on a written request made by candidates who are at serial number 2 or 3 behind the highest polled candidate. Such candidates or their representatives shall identify the EVMs by the polling station or the serial number. All candidates and their representatives shall have the option to remain present at the time of verification. Such a request should be made within 7 days of the declaration of the results. The District Election Officer, in consultation with the team of engineers, shall certify the authenticity and intactness of the burnt memory microcontroller. After the verification process is conducted, the actual cost or the expenses for the said verification will be notified by the ECI and the candidate making the said request will make payment of the said expenses. Expenses will be refunded in case the EVM is found to be tampered.The plea further states that in terms of the present SOPs issued, there is a provision for clearing or deleting the original data of the burnt memory which would make it impossible for any true checking and verification. The following reliefs have been sought : a. Direct the Election Commission of India (ECI) to conduct Checking and Verification of burnt memory/microcontrollers of EVM in terms of this Hon'ble Court's judgment dated 26.04.2024 in WP(C) No. 434 of 2023 titled Association for Democratic Reform Vs Election Commission of India &Anr;b. Direct the Election Commission of India to also conduct Checking and Verification of the Symbol Loading Unit as part of the EVM infrastructure;c. Direct the Election Commission of India not to clear/delete the contents of the original burnt memory of EVMs where applications for Checking and Verification are pending;d. Pass such other order as this Hon'ble Court may deem fit and proper in ...

Direct ECI To Check & Verify EVM's Burnt Memory & Symbol Loading Unit : ADR's Plea In Supreme Court

Anmol Kaur Bawa

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