Supreme Court Directs ECI to Preserve EVM Data During Verification

Synopsis
The Supreme Court has directed the ECI to maintain EVM data integrity during verification processes, emphasizing the importance of transparency and accountability in electoral processes.
Key Takeaways
- The Supreme Court prohibits ECI from altering EVM data.
- Verification is essential for maintaining electoral integrity.
- Fees for EVM verification deemed excessive.
- Engineers to conduct checks on EVMs.
- Further hearings scheduled for March 2025.
New Delhi, Feb 11 (NationPress) The Supreme Court on Tuesday instructed the Election Commission of India (ECI) to refrain from deleting or re-uploading data while conducting the verification of Electronic Voting Machines (EVMs).
A Special Bench comprising CJI Sanjiv Khanna and Dipankar Datta was examining a petition filed by the Association for Democratic Reforms (ADR), which requested directives for the verification of burnt memory and symbol loading units.
The CJI Khanna-led Bench clarified to the ECI that previous instructions did not permit the deletion or re-uploading of voting data in the EVMs, and were solely intended for the verification of polling data after elections.
“We did not intend to establish such a complex procedure that requires reloading. Do not erase the data, do not reload the data - all that is needed is for someone to verify,” the court stated.
The apex court also noted that the fee of Rs 40,000 set by the ECI for EVM verification is excessive and recommended that the poll body lower it.
In April 2024, the Supreme Court mandated that 5 percent of EVMs undergo checking and verification of burnt memory/microcontroller for any signs of tampering or modifications, based on a written request by candidates who received the second and third highest votes.
This checking and verification process was to be conducted by a team of engineers from the EVM manufacturers, with candidates and their representatives allowed to be present during the examination.
The ADR's petition argued that the ECI’s Standard Operating Procedure (SOP) for EVM verification did not align with a previous ruling by the Supreme Court.
After hearing the ECI’s counsel affirm that no changes or corrections to EVM data would be implemented, the Supreme Court scheduled further hearings for the week starting March 3, 2025.
Meanwhile, it instructed the ECI to submit a brief affidavit detailing the SOPs followed for EVM verification.
On January 31, the CJI Khanna-led Bench ordered the ECI to retain the video footage from polling stations for future elections, as previously maintained, while granting extra time for the ECI to file its affidavit regarding a petition contesting the decision to raise the number of voters per polling station from 1,200 to 1,500.