The Supreme Court postponed the hearing on EVM verification to February 11, following concerns about the Election Commission’s compliance with its earlier directive. The case relates to an application by the Association for Democratic Reforms (ADR) seeking verification of Electronic Voting Machines (EVMs). The adjournment allows further time to address the compliance issues raised. The matter remains critical for ensuring transparency in the electoral process.
New Delhi: The Supreme Court postponed the hearing on an application requesting the examination and verification of the microcontrollers or burnt memory in electronic voting machines (EVMs) until February 11.
A bench led by Chief Justice of India Sanjiv Khanna and Justice Dipankar Datta reviewed the application submitted by the Association for Democratic Reforms (ADR).
The ADR referenced the Supreme Court’s order from April 26 of last year, which mandated the checking and verification of burnt memory/microcontrollers in the EVMs.
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The association alleged that the apex court’s directive was not being adhered to.
The ADR’s application, filed by advocate Prashant Bhushan, stated,
“The purpose of the directions issued by this court was to ensure the absence of malicious software and to allow candidates and their representatives to access the burnt memory in the presence of expert engineers from the EVM manufacturers. The lack of a standard operating procedure (SOP) for checking burnt memory blatantly disregards the directions of this court,”
It further claimed,
“Willful non-compliance by the Election Commission of India (ECI) with the orders of this court indicates a reluctance on the part of the ECI to subject the burnt memory/microcontroller to any scrutiny whatsoever.”
The Supreme Court’s order had arisen from a plea by the ADR seeking comprehensive verification of EVMs along with voter verifiable paper audit trails (VVPAT).
The ECI, represented by senior advocate Maninder Singh, noted that a similar petition had been heard the previous month from candidates who finished second in the Haryana assembly elections, referencing a case filed in December by five-time former legislator Karan Singh Dalal regarding the Haryana polls.
Another lawyer, Aljo K. Joseph, pointed out that an identical petition seeking similar relief against the ECI had also been filed by Anil Kumar and was awaiting listing.
The bench instructed that both cases Karan Dalal v. ECI and Anil Kumar be scheduled for discussion alongside the ADR application on February 11.
The ADR application also requested directions for the examination and verification of the Symbol Loading Unit (SLU) as part of the EVM infrastructure, along with a specific instruction to the Enforcement Directorate (ED) not to clear or delete the contents of the original burnt memory of EVMs while applications for checking and verification are pending.