VVPAT Case : Supreme Court Allows Runner-Up Candidates To Seek Verification Of Burnt Memory Of 5% EVMs Per Assembly Segment

While rejecting the pleas seeking 100% cross verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records, the Supreme Court on Friday (April 26) allowed verification of the burnt memory semi-controller of 5% of EVMs per assembly segment of a parliamentary constituency in case a written request for the same is made by either of two runner up candidates, after declaration of results.

"The burnt memory semi-controller in 5% of the EVMs that is the Control Unit, Ballot Unit and the VVPAT per 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 no. 2 or 3 behind the highest polled candidate", Justice Sanjiv Khanna said while referring to the two separate, concurring judgments rendered by himself and Justice Dipankar Datta.

It was added that while making the request for verification, the candidates or their representatives shall identify the EVMs sought to be checked by the polling station or the serial number. The request is to be made within 7 days from the date of declaration of the results and all candidates (and their representatives) shall have the option to remain present at the time of verification. 

The bench further clarified that the expenses of the verification process shall be borne by the candidate making the request: "...the District Election Officer in consultation with a team of engineers shall certify the authenticity and intactness of the burnt memory semicontroller. After the verification process is conducted, the actual cost or expenses for the said verification is to be notified by the ECI and the candidate making the said request will make payment of the said expenses". Although, the expenses will be refunded in case the subject EVM is found to be tampered.

It is worthwhile to note that during the course of arguments in the matter, the ECI had claimed that EVMs are non-tamperable. When the petitioners raised concerns about programmes in the EVMs being open to manipulation, the same were sought to be allayed by the ECI, saying that microcontrollers in all three ie Control Unit, Ballot Unit and VVPAT are one-time programmable and can't be changed.

The ECI also said that the machines' own separate programmes, depending on functionality, are burnt into the memory of their microcontrollers. "...if the programme is burned, you have to physically remove and throw the micro-controller out if you want to [change] the programme", an ECI official had informed the court.

Other reports about the judgment can be read here.