Verification of 20 EVMs used in Chandivli seat: EVM ‘diagnostic check’ stalled after Congress disagrees over SOPs

He said that the SC order very specifically mentioned that the checking and verification will have to be performed by the engineer from the EC-authorised companies and that checking and verification of the burnt memory programs of the microcontroller to be conducted.

“So just switching on the device is not at all a verification,” he said.

Khan was accompanied by well-known tech expert Madhav Deshpande and Advocate Bipin Joshi for the inspection, among others.

The SC order of May 7, 2025 by a division bench of Chief Justice Sanjiv Khanna and Dipankar Dutta stated, “The Engineers will issue certificate(s) that they are satisfied that the burnt memory/micro controller and the data/program(s) loaded by them have not been tampered with and their integrity is maintained. Further, in case any candidate wants to conduct a mock poll on the EVM units, he may make a request to the ECI in writing. Thereupon, the Engineers of ECIL or BEL, as the case may be, will operate the EVM Units and show the data, as recorded, on the machine itself, to the candidates and other authorized persons.”

Speaking to The Indian Express, Deshpande said that transparency is most important when it comes to EVMs.

“Supreme court order has clearly said that data engineers will come and certify that data/ program (s) are not tampered with. For that, data and program should be studied. Program in comparison with its original copy. In case of Data, that of end of poll day and today should be compared. Merely switching on the machine does not fulfill this,” said Deshpande. He added that the data on Real Time clock (RTC) on the memory check of the EVM was also sought, but could not be given.

“Data influences program in a big manner. It is important that the data is allowed to be studied. It is expected that the message will be sent to seniors and positive outcome is expected,” he said.

Khan’s lawyer Bipin Joshi said that a representation has been made to the ECI seeking to implement apex court order.
“We expect to get a response in two week’s time. If the ECI does not allow us, the option to approach the Supreme Court remains open,” he said.

A government official present on behalf of the ECI said, “We followed the guidelines given to us by the ECI. We conveyed what was permissible as per the guidelines and there was disagreement over this. The applicant is at liberty to proceed further and will be given reply as per the orders from the ECI,” she said.

Back in 2024, within 45 days of the announcement of results of Maharashtra Assembly election on November 23, former Congress MLA Naseem Khan submitted an application in Bombay High court requesting an inspection of the EVMs and VVPATs used in Chandivali Assembly Constituency during the Lok Sabha elections held that year.

Suspecting malfunction of the machines, he paid around ten lakh rupees as the prescribed fees for the application. Though many candidates retracted their application and the prescribed fees observing delay in the process, Naseem Khan stood through and eventually came the High Court order granting Khan’s request to perform the inspection and verification (Diagnostic Check only) of Electronic Voting Machines (EVMs) and VVPATs used in the 20 booths of Chandivali Assembly Constituency.

Khan was also accompanied today by Madhav Arvind Deshpande, an IT professional and advocate Bipin Joshi who has been fighting Khan’s legal cases for a long time.

How the 20 booths were selected?

Chandivali constituency includes 400 booths, and as per Supreme Court’s directive, a candidate can only check five per cent of the booths’ machines and that’s how it comes down to 20 booths. Naseem Khan himself has selected the 20 booths where he suspects the EVM machines were not functioning properly.

These booths include areas like Asalpha and Jarimari where Khan has a strong voter base but despite that he lost by a 1,000-1,500 votes margin.