New Delhi, Jan 24 The Supreme Court on Friday deferred hearing on a plea filed by Congress leaders seeking verification of Electronic Voting Machines (EVMs) used during the Haryana Assembly polls.
A Bench headed by Justices Dipankar Datta and Manmohan said that a Special Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Datta will hear the batch of petitions relating to verification of EVMs and allied issues on February 11 in terms of the previous order.
Earlier on December 20, for the second time in a row, a Bench of CJI Khanna and Justice Sanjay Kumar opined that the plea 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 should be taken up for hearing by a Bench comprising Justice Datta in January 2025.
Before this, a Bench of Justices Vikram Nath and P.B. Varale opined that the fresh plea should be placed before the same Bench which had passed directions on EVMs in April 2024.
The Justice Nath-led Bench said that the fresh petition related to the interpretation and implementation of the previous judgment of the apex court and therefore, the registry should place the papers before the 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 Khanna (now CJI) and Datta, in April 2024, 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 an exercise, it said.
The latest petition, filed by Karan Singh Dalal, a former five-time Congress 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 the 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.
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, 2024, submitted to the ECI.
The petition, filed through advocate Neha Rathi, said 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 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 to any scrutiny whatsoever, the petition contended.
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