SC rejects ballot paper plea

News: The Supreme Court dismissed a Public Interest Litigation (PIL) that called for the reinstatement of ballot papers instead of Electronic Voting Machines (EVMs).

About Electronic Voting Machine (EVM)

1. It is a device used to electronically record, and count votes cast in elections.

2. They were first used in the Paravur Assembly Constituency of Kerala in the year 1982.

3. It is manufactured and supplied to the Election Commission of India (ECI) by Bharat Electronics Limited (under the Ministry of Defense) and Electronic Corporation of India Limited (under the Department of Atomic Energy).

4. EVM consists of three units:

• Ballot Unit– Functions like a keyboard using which the voters cast their votes.
• Control Unit– It controls the operations of the Ballot Units and manages the data. It remains with the Presiding Officer or a Polling Officer.
• Voter Verifiable Paper Audit Trail (VVPAT) – Allow the voters to verify that their votes are cast as intended. When a vote is cast, a slip is printed containing the serial number, name and symbol of the candidate and remains exposed through a transparent window for 7 seconds.

Note– Presently, the M3 Model of ECI-EVM and VVPAT are used.

Mechanism for verification of EVM Burnt Memory

In April 2024, the Supreme Court allowed losing candidates to request verification of the burnt memory in EVMs and VVPAT machines.

1. Candidates finishing 2nd or 3rd can request verification of the microcontroller memory in 5% of EVMs, including the control unit, ballot unit, and VVPAT per Assembly segment or Lok Sabha segment to check for tampering.

2. Candidates must identify the EVMs to be verified by polling station or serial number and can be present during the process.

3. Requests for verification must be submitted within 7 days of the result declaration.

4. Candidates bear the verification cost, but expenses are refunded if tampering is found.

Verification Process:

1. The District Electoral Officer (DEO) oversees the verification.

2. Candidates can select units to be verified by polling station number or serial number of the EVM components like Ballot Unit, Control Unit, and VVPAT.

3. A written request must be submitted to the DEO.

4. DEOs send the list of requests to the State Chief Electoral Officer, who informs the EVM manufacturers (BEL and ECIL) within 30 days of the result declaration.

5. Verification will begin after the 45-day period following the declaration of results, during which Election Petitions can be filed.

6. If no petitions are filed, the checking process will proceed. If a petition is filed, checking will only start after a court order permits it.

7. The process must begin within 30 days of manufacturers being notified about any Election Petitions.