Supreme Court to Hear Plea on EVM Verification in Haryana Assembly Polls
The Supreme Court will hear a plea on January 24, 2024, seeking verification of EVMs used in the Haryana Assembly elections. The petition, filed by Congress leaders, calls for transparency and checks on EVM components to ensure election integrity.
The Supreme Court is scheduled to hear a crucial plea filed by Congress leaders, seeking verification of the Electronic Voting Machines (EVMs) used in the Haryana Assembly Elections.
The plea, aimed at strengthening the election process and ensuring its integrity, calls for the verification of the original burnt memory/microcontroller of the EVM components to rule out any tampering or manipulation.
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Background of the Case
The petition, which has now reached the apex court, comes after repeated requests for transparency in the election process regarding the EVMs used during the Haryana elections.
The Congress leaders have raised concerns that the Election Commission of India (ECI) has not yet issued a procedure for checking and verifying the components of the EVMs, which could potentially undermine the fairness of the electoral process.
The issue was originally raised in a previous petition and has now been brought to the Supreme Court after multiple hearings and a series of legal opinions.
The petition seeks that the Election Commission be directed to lay down a formal memorandum for the procedure of checking and verifying the four key components of the EVMs: the Control Unit, Ballot Unit, Voter Verifiable Paper Audit Trail (VVPAT), and Symbol Loading Unit.
The Legal History and Development
The issue of EVM tampering and verification has been a point of contention for several years. On December 20, 2023, the bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar opined that the matter should be heard by a bench headed by Justice Dipankar Datta in January 2024.
The petition had initially been filed to ensure that a proper system is in place for the verification of the EVMs, which would involve checking the burnt memory/microcontroller for any potential tampering.
In April 2024, a direction was passed by the bench led by Justices Khanna and Datta, which stated that 5 percent of EVMs should undergo checking and verification of their burnt memory/microcontroller upon written requests made by candidates securing the second and third highest votes.
The purpose of this measure was to identify any alterations or manipulations in the machines and ensure transparency in the election process.
The Congress Plea for Verification of EVMs
The fresh petition, filed by Karan Singh Dalal, a five-time Congress MLA, highlights the absence of any formal procedure by the Election Commission for verifying the burnt memory of the EVMs.
The plea argues that the Election Commission’s reluctance to subject the original burnt memory/microcontroller to scrutiny indicates a potential disregard for transparency.
The petitioners have requested the court to direct the Election Commission to implement a detailed process for verifying the burnt memory/microcontroller of the EVM components.
They further seek that this verification exercise be completed within eight weeks and applied to the EVM checking and verification forms submitted to the ECI on October 14, 2024.
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Public Importance of the Petition
The petitioners have emphasized that the matter is of significant public importance, with wide-reaching ramifications for the functioning of democracy in India.
The petition argues that the lack of a transparent verification process undermines public confidence in the electoral system, which could have long-term consequences for elections held across the country.
With elections taking place in various states, the petitioners contend that a clear and defined procedure for verifying the integrity of EVMs is essential to maintaining the trust of the people in the electoral process.
Why This Plea Matters
The plea for verification of EVMs comes at a time when questions about the integrity of the election process are more critical than ever.
The demand for a robust and transparent procedure for EVM checking and verification has gained momentum in recent years, with calls for the election process to be free from any suspicion of manipulation.
As the matter is set to be heard by the Supreme Court, all eyes are on the judiciary to address the concerns raised by the petitioners and provide a legal framework for ensuring the integrity of the electoral process.
Implications of the Case
The Supreme Court’s ruling on this plea could set a significant precedent for future elections in India.
If the court directs the Election Commission to implement the proposed verification procedure, it could strengthen the credibility of the electoral process and pave the way for more transparent and accountable elections across the country.
Moreover, the outcome of this case could have wider implications for how the Election Commission manages EVMs in future elections, ensuring that voters, political parties, and the general public have full confidence in the election results.
