INDIA delegation approaches EC, demands counting of postal ballots first

The INDIA parties asked the EC to ensure that counting of postal ballots is completed first and its results declared on the Returning Officers’ table before the final counting of the EVM votes. Besides, they wanted the EC to ensure “safe movement of the Control Units (of the EVMs) through a CCTV-monitored corridor, verification of the current date and time displayed by the Control Units and confirmation of the start and end time and date of the voting process to the counting agents”.

The Opposition delegation, which met the EC, pointed out that the Conduct of Election Rules, 1961 makes it clear that the Returning Officer has to begin the process of counting postal ballots first. It pointed out that the EC guidelines and rules, which were in existence till 2019, mandated that “the penultimate round of the EVM shall not be counted till the postal ballots are counted and the result is declared”.

Opposition INDIA bloc leaders at the Election Commission office in New Delhi on Sunday. (Express photo by Abhinav Saha)

The EC, the delegation said, repealed the practice in 2019.

“The net result is that by a method of practice EVMs can be counted and if the EVM counting gets over before the postal ballot… it will still be completed. In other words, the postal ballot counting and result need not be declared first. This is a grave and clear violation of a statutory rule. You cannot change a statutory rule through a guideline or a letter… So we have asked the EC to withdraw the 2019 letter with direction to the Returning Officers to complete the counting of postal ballots and declare the results on the Returning Officers’ table, before the final count,” said senior Congress leader Abhishek Singhvi.

Incidentally, postal ballots were 0.37% (22.71 lakh) of the total valid votes polled (60.76 crore) in 2019. This time the number of postal ballots is expected to rise as the EC has extended the facility from just service voters to electors aged above 85 years, persons with disabilities and Covid-19 patients.

The INDIA delegation that met the EC included CPM’s Sitaram Yechury, SP’s Ram Gopal Yadav and CPI’s D Raja.

The Opposition bloc’s dash to the EC came hours after Congress president Mallikarjun Kharge and senior leader Rahul Gandhi held a virtual meeting with party candidates. Gandhi told the candidates not to be worried about the exit poll projections. “This is not called exit polls. It is called the Modi media poll. This is Modiji’s polls, his fantasy poll. Have you heard Sidhu Moosewala’s song 295,” he told reporters later when asked the number of seats the Congress expected to win.

Sources said Congress war room head Sasikanth Senthil briefed the candidates and gave them a five-point checklist. The message was clear — they have to be extra vigilant this time.

The high command asked the candidates to tell their counting agents to insist that counting of postal ballots is taken up first, ask the Returning Officers not to move to the next round before finishing the previous round of counting and tabulation of votes, be vigilant during tabulation of votes, insist that five EVMs in each Assembly segment is counted and not leave the counting station until counting and declaration of results is over.

A leader, who participated in the meeting, told The Indian Express, “Rahul ji told us not to worry about the exit polls and that they are part of the psychological games being played by the BJP. He also told us to pay minute attention to details on the day of counting. He told us that we must guard the EVMs during the counting process. We were also given standard operating procedure with regard to counting and for form 17C.”

Meanwhile, in an unusual move, Congress communication head Jairam Ramesh held a press conference during which he spoke over video conferencing to state Congress presidents and CLP leaders of 11 states — all of whom said the party and the INDIA bloc was expected to win a large number of seats.

“The exit poll is completely fake and bogus… exit poll is fake because our outgoing Prime Minister and outgoing Home Minister are indulging in psychological games, putting pressure on all the Opposition parties, Election Commission, counting agents, Returning Officers… and giving threats… an atmosphere is being created that they are coming back,” said Ramesh, accompanied by party leaders Pawan Khera and Supriya Shrinate.

He said the attempt to weaken the morale of the Opposition will be unsuccessful.

Rubbishing the exit poll results, Khera said, “If there is a conspiracy you are hatching and if you are trying to legitimise that conspiracy through these figures then the country is watching you. Yeh shadyantra ko aap ek jama pehna rahe hain ki dekhiye mahual ban gaya… yeh mahaul kyun banaya ja raha hain… yeh sawal aaj pura desh janna chahta hai.”

Ramesh alleged that Union Home Minister Amit Shah has spoken to district magistrates and collectors and that the Prime Minister “has spoken to officers and discussed the plan for the first 100 days”.

“This has never happened in the past that the outgoing PM has spoken to officers just two days before the results of an election are announced. We have lodged complaints about this. Transfer-postings have been done, companies have been given contracts and changes have been brought to policies… This is all part of their strategy to threaten people, and spread fear. A psychological game is being played that they are coming back to power,” he said.

“It is important that counting of votes takes place in an impartial manner on June 4,” Ramesh said.

Later in the day, the EC wrote to Ramesh, seeking “factual” information about his allegation. “The process of counting votes is a sacred duty cast upon every RO, and such public statements by a senior, responsible, and experienced leader tend to put an element of doubt and thus, deserve to be addressed in the larger public interest,” the EC wrote in its letter to Ramesh.

It said that “no DM has reported any undue influence” and sought the details of the 150 DMs from Ramesh.

“It is requested that details of 150 DMs to whom such calls have been allegedly made by the Home Minister along with the factual matrix/ basis of your information are shared by 19.00 hours today i.e. June 2, 2024, so that appropriate action can be taken,” it said.

Separately, Congress treasurer Ajay Maken posted on X: “Candidate’s counting agents’ at the ARO table are NOT being allowed for the first time. I have contested 9 Lok Sabha and Vidhan Sabha elections in the past — and this is happening for the first time. If true, this is bigger than the alleged EVM rigging! I am flagging this issue for all candidates! I hope EC rectifies it soon.”

The Chief Electoral Officer of Delhi then issued a clarification, saying, “Counting Agents of Candidates are allowed at the tables of RO/AROs.”

Referring to Maken’s complaint and the clarification, Ramesh said, “The EC should be impartial. It is a Constitutional body. Everybody is watching and they are watching not just the parties or candidates but also the EC. Par ab tak jis tareeke se EC ne apna karya kaam kiya hai… humhe vishwas bilkul deta hi nahi hai… but we are still hopeful. EC is a Constitutional body. We respect it…it should work impartially.”

The EC said it would address a press conference on Monday — the first since it announced Lok Sabha elections on March 16. -Inputs from Damini Nath