The Supreme Court, on Friday, postponed the hearing of a plea filed by Congress leaders seeking the verification of Electronic Voting Machines (EVMs) used in the Haryana Assembly elections. The matter will now be heard on February 11 by a Special Bench headed by Chief Justice of India (CJI) Sanjiv Khanna and Justice Dipankar Datta.
The plea revolves around the verification of the burnt memory or microcontroller of EVM components, a matter that has significant implications for the integrity of India’s electoral process.
Previous Developments
The petition stems from a direction issued by the apex court in April 2024, where a Bench led by Justices Khanna (now CJI) and Datta mandated the verification of 5% of EVMs on a written request from candidates who secured the second and third-highest votes in elections. This exercise aimed to ensure transparency and public trust in the voting system.
The verification process involves engineers from EVM manufacturers examining the Control Unit, Ballot Unit, VVPAT, and Symbol Loading Unit. Candidates and their representatives are permitted to observe this procedure to ensure impartiality.
However, the Election Commission of India (ECI) has yet to implement a formal procedure to verify the burnt memory or microcontroller of the EVM components, leading to fresh legal challenges.
Recent Petition Details
The current petition, filed by Karan Singh Dalal, a former Congress MLA, has urged the court to direct the ECI to lay out a clear memorandum for the verification process. It also seeks to make this process applicable to EVM verification forms submitted on October 14, 2024.
Dalal, represented by advocate Neha Rathi, argued that the issue holds significant public importance, as it directly impacts democratic elections across the country. The petition further claimed that the ECI’s reluctance to implement verification procedures raises concerns about the transparency of the election process.
The matter was initially heard on December 20, when a Bench of CJI Khanna and Justice Sanjay Kumar deferred the hearing to January 2025. Before this, another Bench, led by Justice Vikram Nath and Justice P.B. Varale, referred the fresh plea back to the same Bench that had previously passed directions on EVM verification.
Significance of EVM Verification
The absence of a structured procedure for verifying EVM components has fueled allegations of tampering and undermined public confidence in the electoral process. The Supreme Court’s April 2024 judgment aimed to address these concerns by introducing a system for verification.
While this directive has been welcomed as a step towards strengthening electoral integrity, the lack of implementation by the ECI has sparked fresh debates. Dalal’s petition seeks a time-bound resolution, demanding that the verification process be initiated within eight weeks.
