SC Asks ECI Not to Erase, Upload EVMs Data During Verification

NEW DELHI:
The Supreme Court on Tuesday told the Election Commission of India (ECI) not to erase or reload the data while carrying out Electronic Voting Machines (EVMs) verification.

A Special Bench of CJI Sanjiv Khanna and Dipankar Datta was hearing a plea filed by the Association for Democratic Reforms (ADR) seeking directions to the poll body to allow verification of the burnt memory and symbol loading units.

The CJI Khanna-led Bench told the ECI that its earlier directions did not mean to erase or reload the voting data in the EVMs and were only meant for verification of polling data post elections.

“We didn’t want such a detailed process that you reload something. Do not erase the data, do not reload the data – all you need to do is somebody should come and verify,” it said.

The apex court added that the fees of Rs 40,000 fixed by the ECI for verification of EVMs is too high and suggested the poll body reduce it.

In April 2024, the top court passed a direction for checking and verification of the burnt memory/microcontroller in 5 per cent of EVMs for any tampering or modification on a written request made by candidates securing second and third highest votes in an election.

The checking and verification exercise was directed to be undertaken by a team of engineers from the manufacturers of the EVMs, with the candidates and their representatives having the option to remain present at the time of such exercise.

The plea filed by the ADR contended that the ECI’s SOP (Standard Operating Procedure) for verification of the EVMs was not in accordance with an earlier SC judgment.

Recording ECI’s counsel statement that no modification or correction of EVM data would be done, the apex court posted the matter for further hearing in the week commencing on March 3, 2025.

In the meantime, it directed the ECI to file a short affidavit explaining the SOPs adopted for verification of the EVMs.

On January 31, the CJI Khanna-led Bench ordered the ECI to preserve the video footage of polling stations in upcoming elections as maintained earlier as it granted additional time to the poll body to file its affidavit in a petition challenging the poll body’s decision to increase the number of electors per polling station from 1,200 to 1,500.