The Supreme Court today (May 7) set out the procedure to be followed for conducting the verification of Electronic Voting Machines (EVMs) and mock polls by the Election Commission of India (ECI) at the request of a contesting candidate. The ECI informed the Court that it will not resort to deleting the data on EVM units which are subject to verification.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Dipankar Datta was hearing the application filed by the Association for Democratic Reforms (ADR), contending that the Standard Operating Procedure framed by the ECI for verification of the EVMs was not in accordance with the April 2024 judgment in the EVM-VVPAT case.

In February, the Court sought the reply of the Election Commission to an application filed by the Association for Democratic Reforms (ADR) seeking directions to the ECI to allow verification of the burnt memory and Symbol Loading Units of the Electronic Voting Machines (EVMs).

The Court had also told the ECI not to erase or reload the data in the EVMS while carrying out the verification.

Today, the Court recorded that, pursuant to its last order dated 11.2.2025, the ECI has filed an affidavit stating that they will no longer erase the data on the EVM units of which verification is sought by the candidates in terms of the judgment of this court dated 26.4.2024. The petitioner was represented by Advocate Prashant Bhushan.

While allowing the changes proposed by the ECI in the SOP, the Court directed that the verification of the EVMs be done by engineers from Bharatiya Electrical Limited (BEL) and Electronic Corporation of India Limited (ECIL), who will issue clearance certificates after testing the EVMs. The Court observed:

“We accept the said technical proposal. However, the said verification be done by the engineers of Bharatiya Electrical Limited (BEL) and Electronic Corporation of India Limited. The said engineers will also issue a certificate that they are satisfied that the burnt memory/microcontrollers and software have not been tampered with and their integrity is maintained.”

The bench further clarified that “if any candidate wants to conduct a mock poll on the EVM, he may request for erasing the data after downloading the data already stored. The downloaded data will be duly certified by engineers from BEL/ECIL as the case may be.”

“Thereafter, the mock poll may be conducted and data will be downloaded, which will again be certified by the Engineers of BHEL/ECIL as the case maybe.”

When Senior Advocate Maninder Singh, for the ECI, raised the concern of excessive litigation, which may be followed if mock polls and data download are allowed, the CJI reassured that with the present verification process, “99% people will hopefully be satisfied.”

However, taking note of the concerns expressed by Singh, CJI said that the term ‘downloaded’ be replaced, and dicated the order as follows : “He (the candidate) may make a request in writing. Thereupon, the engineers will operate the EVM, and show the data as recorded in the machine itself to the candidate. Thereafter, the data on EVM may be erased, and mock polling can be undertaken.”

“It will be open to the candidates to ask that the data uploaded from the SLU should not be erased and be used for the mock polls”, the Court added further.

Previously, the CJI Khanna told Senior Advocate Maninder Singh, ECI’s counsel, that the directions in the April 2024 judgment did not intend to erase or reload the polling data in the EVMs. The bench added that it was only intended for the EVM Machine to be verified and checked by an engineer from the EVM manufacturing company after the polling was conducted.

Referring to the part-B of the direction in the ADR v. Election Commission case, the CJI verbally said :

“What we intended was that, if after the polls somebody asks, the engineer should come and certify that according to him in their presence, there is no tampering in any of the burnt memory or the micro-chips stock. That’s all. Why do you erase the data?”

“We didn’t want such a detailed process that you reload something…. do not erase the data, do not reload the data- all you need to do is somebody should come and verify, they have to examine”

The relevant part B states :

(2) That the burnt memory semi-controller in 5% of the EVMs, that is the Control Unit, Ballot Unit and the VVPAT, per assembly constituency or assembly segment of the Parliamentary constituency, shall be checked and verified by a team of engineers from the manufacturers of the EVM post the announcement of results, for any tampering or modification, on a written request made by candidates who are at serial number 2 or 3 behind the highest polled candidate. Such candidates or their representatives shall identify the EVMs by the polling station or the serial number.

What Has ADR Said On ECI’s SOPs

The main contention of ADR in the plea is that the Administrative and Technical Standard Operating Procedures (SOPs) issued by the ECI on June 1, 2024, and July 16, 2024, lack adequate guidelines for checking and verification of (1) burnt memory or microcontroller of EVMs and (2) Symbol Loading Unit (SLU).

ADR also said that the Checking and Verification exercise as prescribed presently further involves clearing/deletion of the original data of the burnt memory/microcontroller, which would further make any true checking and verification impossible.

The ADR argues that as per the SOPs issued, the ECI would conduct a “mere diagnostic check of EVM units and conduct of a mock poll, without any checking and verification of the burnt memory or chip (or data contained therein) by manufacturers of EVM. Furthermore, the role of engineers from BEL/ECIL in the so-called checking and verification exercise is to help conduct the mock poll and count the VVPAT slips generated in the mock poll.”

The absence of complying guidelines defeats the essence of the landmark decision which intended to ensure that no malice or foul play is done during polling, the Association states.

The plea stated that the “absence of any SoP for checking of burnt memory blatantly disregards the directions passed by this Hon’ble Court. The wilful non-compliance by the ECI of the directions passed by this Hon’ble Court shows reluctance on the part of the ECI to subject the burnt memory/microcontroller from any scrutiny whatsoever.”

The following reliefs have been sought :

a. Direct the Election Commission of India (ECI) to conduct Checking and Verification of burnt memory/microcontrollers of EVM in terms of this Hon’ble Court’s judgment dated 26.04.2024 in WP(C) No. 434 of 2023 titled Association for Democratic Reform Vs Election Commission of India &Anr;

b. Direct the Election Commission of India to also conduct Checking and Verification of the Symbol Loading Unit as part of the EVM infrastructure;

c. Direct the Election Commission of India not to clear/delete the contents of the original burnt memory of EVMs where applications for Checking and Verification are pending;

Case Details : ASSOCIATION FOR DEMOCRATIC REFORMS Versus ELECTION COMMISSION OF INDIA AND ANR.| MA 40/2025 in W.P.(C) No. 434/2023 and connected matters