SC refers to CJI Cong leader’s petition for verification of EVMs used in Haryana polls

A 2-judge Bench of the Supreme Court on Friday directed the apex court registry to place before the Chief Justice of India (CJI) for passing an appropriate order to list a plea filed by Congress leader seeking verification of Electronic Voting Machines (EVMs) used during Haryana Assembly polls.

A bench of Justices Vikram Nath and P.B. Varale opined that the matter should be placed before the same Bench which had passed directions on EVMs in April this year.

It said that the present petition seeking directions to the Election Commission of India (ECI) to lay down a memorandum for the checking and verification of the original burnt memory/microcontroller of the four components of the EVM relates to interpretation and implementation of the previous judgment of the apex court and therefore, the registry should place the papers before CJI, who is the master of the roster, for passing appropriate orders as to whether the petition should be listed before the previous Bench.

In order to strengthen the integrity of the election process in the country, a bench of Justices Sanjiv Khanna (now CJI) and Dipankar Datta, in April this year, had 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 court said 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 fresh petition filed by Karan Singh Dalal, a former 5-time MLA, said that the ECI has not issued any procedure for checking and verification of the original burnt memory/microcontroller of the four components of the EVM (Control Unit, Ballot Unit, VVPAT and Symbol Loading Unit) in terms of SC judgment.

The plea sought directions to the poll body to lay down a memorandum for checking and verification of the original burnt memory/microcontroller of the four components of the EVM (Control Unit, Ballot Unit, VVPAT and Symbol Loading Unit).

It further sought that the above exercise be undertaken within eight weeks and be made applicable to the EVM checking and verification forms dated October 14 submitted to the ECI.

The petition said that the issue raised in the petition requires to be authoritatively decided by the apex court owing to significant public importance and ramifications across the country.

"The matter affects the functioning of the democracy in the country and elections being held across the country in various states, and therefore needs to be urgently and authoritatively decided," it said.

The absence of any procedure for verification of burnt memory for tampering shows reluctance on the part of the ECI to subject the original burnt memory microcontroller from any scrutiny whatsoever, contended the petition.