Election Commission Revises Protocol on Storage of Symbol Loading Units Following Supreme Court Order

Election Commission Revises Protocol on Storage of Symbol Loading Units Following Supreme Court Order

In response to the recent directive from the Supreme Court, the Election Commission of India (ECI) has introduced a revised protocol for the handling and storage of symbol loading units (SLUs), officials announced on Wednesday.

Background

The apex court's latest order on the Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) controversy mandated that the machines must be sealed and securely stored in containers within strongrooms for a minimum of 45 days post-declaration of election results.

Implementation Details

In an official statement released on Wednesday, the Election Commission instructed all state Chief Electoral Officers to establish the necessary infrastructure and provisions to implement the updated protocols for handling and storing SLUs.

"The revised protocols, as mandated by the Supreme Court, apply to all instances of symbol loading process completion in the VVPATs undertaken on or after May 1, 2024," the ECI stated.

Significance

Symbol loading units are responsible for uploading the names and symbols of candidates contesting for specific seats onto VVPAT or paper trail machines.

Previously, EVMs and VVPAT slips were stored for 45 days following election results. During this period, individuals could file election petitions in the respective high courts to challenge the election results, and the courts could request the EVMs and VVPAT slips for examination during the proceedings.

Supreme Court's Directives

In a significant development, the Supreme Court issued directives on Friday to seal and store symbol-loading units, while also allowing for the verification of microcontrollers embedded in EVMs at the request of candidates who secured second and third positions in the elections.

Preceding Procedures

Before the Supreme Court's order, SLUs were handed over to local poll officials by engineers of Bharat Electronics Limited (BEL) or Electronics Corporation of India Limited (ECIL). Following the polls, SLUs were returned to the engineers of these public sector units responsible for manufacturing the ballot unit, control unit, VVPAT, and SLUs.

Conclusion

The revisions in protocol aim to enhance transparency and accountability in the electoral process, ensuring the integrity and credibility of election results.

Relevant Laws and Legal Implications

The Supreme Court's directives align with the principles of fair and transparent electoral practices outlined in various constitutional and legal provisions, including:

- Article 324 of the Constitution of India, which vests the superintendence, direction, and control of elections in the Election Commission.

- The Representation of the People Act, 1951, which governs the conduct of elections in India and provides for the use of EVMs and VVPATs.

- The Election Symbols (Reservation and Allotment) Order, 1968, which regulates the allotment and use of symbols by political parties contesting elections.

These laws uphold the fundamental rights of citizens to free and fair elections and ensure the proper functioning of democratic processes in the country.