Why in the News?

The ECI released a technical Standard Operating Procedure (SOP) on July 16 for verifying burnt memory in EVMs and VVPATs, following an April Supreme Court verdict.

What was the case before the Supreme Court, and what did it order?  

Case Before the Supreme Court:

• The Supreme Court was hearing a challenge to the reliability of Electronic Voting Machines (EVMs). The judgment was delivered on April 26, 2024, during the Lok Sabha election.
• The Supreme Court upheld the EVM-VVPAT system and rejected the plea for a return to paper ballots and for 100% counting of VVPAT slips.
• The court directed the Election Commission of India (ECI) to allow second and third-placed candidates to seek verification of burnt memories of EVMs and VVPATs of up to 5% of machines in an Assembly constituency or an Assembly segment of a Lok Sabha constituency.

Court’s Orders:

• The burnt memory/microcontroller in 5% of the EVMs (control unit, ballot unit, and VVPAT) per assembly constituency/assembly segment of a parliamentary constituency shall be checked and verified for tampering or modification.
• Candidates who are at Sl. No. 2 or Sl. No. 3 behind the highest polled candidate can request verification in writing.
• Candidates or their representatives have the option to be present during the verification process. Requests for verification must be made within seven days of the declaration of the result.
• The actual cost or expenses for the verification will be notified by the ECI, and the candidate requesting the verification will bear the expenses. These expenses will be refunded if tampering is found.

What is the process to be followed for the verification of EVMs and VVPATs? 

Technical SOP by ECI:

• Mock Poll: A mock poll of up to 1,400 votes per machine will be conducted in the presence of candidates or their representatives.
• Result Comparison: If the results of the machines and VVPAT slips match, it will be concluded that the burnt memory or microcontrollers have not been tampered with.
• Selection of Machines: Candidates can select the polling stations, EVMs, BUs, CUs, and VVPATs they want checked.
• Verification Team: Trained engineers from the EVM manufacturers, Bharat Electronics Ltd (BEL) and Electronics Corporation of India Ltd (ECIL) will perform the checks.
• Technical Methods: Various technical methods will be used to verify the fidelity of firmware burnt into a microcontroller through a public process.

When will this process of checking start?

• Preliminary Step: Verification will commence after it is confirmed by the High Courts of the respective states that no Election Petitions have been filed regarding the constituencies in question.
• Election Petitions: Petitions challenging the election outcome can be filed within 45 days of the results being declared. Since the results were announced on June 4, petitions can be filed until July 19.
• Applications Received: Eleven applications cover 118 polling stations or sets of EVMs and VVPATs. Applications have been received from candidates from BJP, Congress, DMDK, and YSRCP.

Way forward: 

• Enhanced Transparency and Confidence: Conduct regular and public verification processes of EVMs and VVPATs with involvement from political parties and independent observers to build public trust and confidence in the electoral system.
• Technological Upgradation and Training: Invest in upgrading EVM technology and provide comprehensive training for election officials and engineers to ensure efficient and accurate verification and operation of voting machines.

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