May 7, 2025– In a crucial development concerning electoral transparency, the Supreme Court of India on May 7, 2025, laid down the procedure to be followed by the Election Commission of India (ECI) for verification of Electronic Voting Machines (EVMs) and mock polls, when requested by contesting candidates. The Court emphasized that such procedures must not involve deletion of data on EVMs subject to verification.
The bench, comprising Chief Justice Sanjiv Khanna and Justice Dipankar Datta, was hearing an application filed by the Association for Democratic Reforms (ADR), which challenged the Standard Operating Procedures (SOPs) issued by the ECI, alleging non-compliance with the Court’s earlier judgment dated April 26, 2024, in the EVM-VVPAT case.
Key Highlights of the Supreme Court’s Order:
- Data Integrity to be Preserved: The ECI assured the Court through an affidavit that it will not erase or reload the data on EVMs that are selected for verification post-polling, as sought by contesting candidates. The Court recorded this undertaking.
- Engineer-Led Verification: The Court directed that verification of the burnt memory, microcontrollers, and Symbol Loading Units (SLU) of EVMs be conducted by engineers from Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL). These engineers will also issue certificates confirming the integrity of the EVMs.
- Controlled Mock Polls: Candidates requesting a mock poll may do so after the EVM data is shown to them in its existing state. This data may then be erased (if needed) and a mock poll conducted, with both steps certified by the engineers from BEL/ECIL.
- Clarification on ‘Download’ Term: Responding to concerns raised by the ECI’s counsel, Senior Advocate Maninder Singh, about potential misuse of the “downloaded data” terminology, the Court clarified that engineers must show the recorded data on the EVM to the candidate before any mock poll is conducted.
- Intent of the April Judgment Reiterated: The bench reiterated that its earlier directions only required post-poll verification of the EVM hardware and software by certified engineers — not erasure or reloading of data. CJI Khanna emphasized, “Why do you erase the data? All you need to do is verify that the burnt memory or microchips haven’t been tampered with.”
ADR’s Objections:
Represented by Advocate Prashant Bhushan, ADR argued that the current SOPs (dated June 1 and July 16, 2024) fail to provide a robust framework for verifying the most critical components of EVMs, particularly the burnt memory and SLU.
ADR contended that:
- The prescribed diagnostic checks are superficial and do not involve actual inspection of memory chips by the manufacturers.
- Deleting original data before such verification makes genuine scrutiny impossible.
- There is no effective mechanism to detect tampering or foul play in the existing procedure.
The petition sought explicit directions to:
- Ensure proper post-poll verification of the EVM’s burnt memory/microcontrollers.
- Include Symbol Loading Units (SLUs) in the verification process.
- Prohibit deletion of original data where such verification is pending.
Court’s Closing Remarks:
In response to the ECI’s apprehensions regarding increased litigation, the Chief Justice observed that the updated verification procedure is likely to “satisfy 99% of the people,” provided it is implemented transparently and in good faith.
Case Title: Association for Democratic Reforms vs. Election Commission of India & Anr.
