Nothing changes for voter, runners-up get option to seek EVM chip verification

First, the court mandated that the Symbol Loading Units (SLUs), which are used to load symbols onto the VVPAT machines, be sealed, secured and stored for 45 days after the poll results.

“The sealed containers, containing the symbol loading units, shall be kept in the strong room along with the EVMs at least for a period of 45 days post the declaration of results. They shall be opened, examined and dealt with as in the case of EVMs,” the court ordered.

Secondly, the Commission will have to arrange for verification of the microcontrollers installed in the EVMs in case candidates, who stand second and third in an election, are doubtful of the results.

These candidates will have to give a written request within seven days of the announcement of results and will have to bear the expense of the verification. If the chips are found to be tampered with, they will get a refund.

“The District Election Officer, in consultation with the team of engineers, shall certify the authenticity/intactness of the burnt memory/microcontroller after the verification process is conducted,” the court ordered.

Currently, candidates can only demand a recount of VVPAT slips at the time of verifying EVM count with paper audit slips in five randomly selected polling booths. Beyond this, the result of an election can only be challenged via an election petition in court. The SC’s judgement now gives an additional right to the candidates.

According to EC officials, implementing the two directives would mean that the Commission must order an additional number of SLUs. Currently, one SLU can be used and reused to load symbols into VVPATs across multiple constituencies.

Now, each SLU would have to be designated for a single seat and sealed immediately after symbol loading, which means the EC would need more of these units. Officials said the EC currently has close to 5,000 SLUs and would have to place an order for another 2,000 to carry out the Supreme Court’s directives.

In order to carry out the second instruction, the Commission may need manpower to carry out verification of EVMs as demanded by candidates. In addition to that, the EC might have to examine whether the Representation of the People Act of 1951 has to be amended. The election law currently states that an election petition challenging a result can be filed in court by a candidate within 45 days of the declaration of results. During this period, the EC machinery does not touch the EVMs. If these machines now need to be unsealed for verification purposes, the poll panel will have to determine how this can be accomplished.