Supreme Court Delays Hearing on EVM Verification for Haryana Elections; Next Session on February 11
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Synopsis
The Supreme Court has postponed the hearing on a petition from Congress leaders for verifying EVMs used in Haryana elections, with a new date set for February 11. The case highlights critical issues regarding election integrity and the ECI's protocol for memory verification.
Key Takeaways
- The Supreme Court deferred the EVM verification plea until February 11.
- Previous Bench opinions suggested reviewing the petition in January 2025.
- A mandate for checking EVMs for tampering exists but lacks procedure from the ECI.
- The case emphasizes the importance of electoral integrity and democratic processes.
- Petitioners argue that current verification procedures are insufficient.
New Delhi, Jan 24 (NationPress) The Supreme Court has postponed the hearing regarding a petition from Congress leaders that calls for the verification of Electronic Voting Machines (EVMs) employed in the Haryana Assembly elections.
A Bench led by Justices Dipankar Datta and Manmohan announced that a Special Bench, including Chief Justice of India (CJI) Sanjiv Khanna and Justice Datta, will address the group of petitions concerning EVM verification and related matters on February 11, following previous directives.
Previously, on December 20, a Bench comprising CJI Khanna and Justice Sanjay Kumar remarked that the request for the Election Commission of India (ECI) to establish a protocol for examining and verifying the original burnt memory/microcontroller of the four EVM components should be considered by a Bench with Justice Datta in January 2025.
Before this decision, another Bench led by Justices Vikram Nath and P.B. Varale suggested that the new petition should be reviewed by the same Bench that issued the prior EVM directives in April 2024.
The Bench led by Justice Nath indicated that the new petition pertains to the interpretation and application of the earlier ruling from the apex court, hence, the registry should submit the documents to the CJI, who oversees the roster, for determining if the petition should be heard by the prior Bench.
To bolster the integrity of the electoral process in India, a Bench of Justices Khanna (currently CJI) and Datta mandated in April 2024 that 5 percent of EVMs be analyzed and verified for any tampering or alterations, upon a formal request from candidates with the second and third highest vote counts in an election.
This verification effort is to be conducted by a team of engineers from the EVM manufacturers, with candidates and their representatives allowed to be present during the process, as stated.
The most recent petition, initiated by Karan Singh Dalal, a former five-time Congress MLA, claims that the ECI has not provided any method for checking and verifying the original burnt memory/microcontroller of the four EVM components (Control Unit, Ballot Unit, VVPAT, and Symbol Loading Unit) as per the SC ruling.
The request calls for the poll body to establish a protocol for the verification of the original burnt memory/microcontroller of the four EVM components.
It also requests that this procedure be completed within eight weeks and be applicable to EVM verification forms submitted to the ECI on October 14, 2024.
The petition, filed by attorney Neha Rathi, asserts that the issues raised are of significant public importance and require an authoritative decision by the apex court due to their implications nationwide.
"This matter impacts the functioning of democracy in the nation and the elections occurring in various states, thus necessitating urgent and definitive action," it argues.
The lack of any verification procedure for burnt memory indicates a reluctance from the ECI to allow scrutiny of the original burnt memory microcontroller, the petition argues.
