IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION MISCELLANEOUS APPLICATION NO. 40 OF 2025 IN WRIT PETITION (CIVIL) NO. 434 OF 2023 ASSOCIATION FOR DEMOCRATIC REFORMS ..... APPLICANT/

PETITIONER VERSUS ELECTION COMMISSION OF INDIA & ..... NON-APPLICANTS/ ANR. RESPONDENTS with WRIT PETITION (CIVIL) NO. 46 OF 2025

O R D E R

Pursuant to the order dated 11.02.2025, the respondent, Election Commission of India,, Digitally signed by has filed a short affidavit in Writ Petition (Civil) No. 46/2025, stating that it will no longer erase the data on the Electronic Voting Machine² Units, of which verification is sought by the candidates in terms of the judgment of this Court in Association for Democratic Reforms v. Election Commission of India & Anr.³. Therefore, the ECI proposes to amend the ‘Technical Standard Operating Procedure’ with the following steps: -

“i. General instructions for Checking and Verification of EVM units;

Signature Not Verified ii. Diagnostic Checking of EVM Units; and

Deepak Guglani Date: 12025.05.09

16:55:01 IST For short, “ECI”.

Reason:

For short, “EVM”

2024 SCC OnLine SC 661.

Diagnostic Checking of selected EVM units is based on the following crucial technical features available in the EVM:

(a) Self-diagnosis: All EVM units (BU, CU, and VVPAT) have self-diagnosis capability on every switch-on. Every such self-diagnosis process also inter alia checks for the fidelity of the burnt program.

(b) Mutual-authentication: When EVM units are connected to each other and switched ON, they mutually authenticate each other. This rules out connection of any spurious or unauthorised units. Successful mutual authentication is indicative of genuineness of units and fidelity of burnt memory.

iii. Report/Certificate”

We accept the aforesaid proposal.

However, the checking and verification of EVM Units will be conducted by the Engineers of the Electronics Corporation of India Limited⁴ and Bharat Electronics Limited.⁵ 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 present. Thereafter, the data on the EVM Units may be erased and

“ECIL”, for short

“BEL”, for short

mock polling can be undertaken.

It will also be open to the candidates to state that the data loaded on the Symbol Loading Units (SLU) may not be erased and retained for use in the mock poll.

Recording the aforesaid, the miscellaneous application and the writ petition are disposed of.

Pending interlocutory applications including I.A. No.

53908/2025 in Writ Petition (Civil) No. 46/2025 for intervention/impleadment, shall stand disposed of.

................CJI.

(SANJIV KHANNA)

..................J.

(DIPANKAR DATTA)

NEW DELHI;

MAY 07, 2025.

ITEM NO.301 COURT NO.1 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION NO. 40 OF 2025 IN WRIT PETITION (CIVIL) NO. 434 OF 2023 ASSOCIATION FOR DEMOCRATIC REFORMS ..... APPLICANT/

PETITIONER VERSUS ELECTION COMMISSION OF INDIA & ..... NON-APPLICANTS/ ANR. RESPONDENTS (IA No. 300600/2024 - APPROPRIATE ORDERS/DIRECTIONS and IA No.

5769/2025 - EXEMPTION FROM FILING O.T.)

WITH W.P.(C) No. 46/2025 (X)

(FOR GRANT OF INTERIM RELIEF ON IA 17657/2025, FOR EXEMPTION FROM FILING O.T. ON IA 17658/2025 and FOR INTERVENTION APPLICATION ON IA

53908/2025)

Date : 07-05-2025 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) :

Mr. Prashant Bhushan, AOR Ms. Neha Rathi, Adv. Ms. Kajal Giri, Adv.

Mr. Kamal Kishore, Adv.

Mr. Devdatt Kamat, Sr. Adv. (N/P)

Mr. Aljo K. Joseph, AOR Mr. Ankit Acharya, Adv.