Knowledge Nugget: After the voting and election results in Bihar, how will a new government be formed?

The Bihar Assembly Elections 2025 saw a record turnout of 66.91%, with women leading the attendance figures. There were a total of 7.45 crore eligible voters this year.

In today’s Knowledge Nugget, let’s understand what happens after voting is concluded and the results are announced.

Key takeaways:

1. After voting ends: Following the conclusion of voting, the Presiding Officers of the booth are supposed to immediately seal the Electronic Voting Machines (EVMs) in the presence of candidate’s agents and transport them to strong rooms with appropriate security measures.

2. Process towards counting: Counting occurs at designated centres, usually at district headquarters or other central areas within a constituency. Multiple counting halls may be established in big constituencies. Only authorised persons, including Election Commission officials, counting supervisors, counting helpers, and candidates or their representatives, are permitted inside the counting halls.

3. Counting Day: On the counting day, EVMs are unsealed in the presence of observers, candidates, and their agents. EVMs comprise three parts: Balloting unit(s) (BU), Control Unit (CU) and Voter-verified paper audit trail (VVPAT). The BU is what voters actually vote on, the CU is the part of the EVM where votes are actually registered and it is the CU which is brought to the counting hall for counting.

4. Postal Ballot counting: In order to further streamline the counting process and to provide necessary clarity to the counting of postal ballot, the Election Commission of India (ECI) on September 25, instructed that: “The penultimate (second last) round of EVM/VVPATs counting shall not be taken up until the counting of postal ballot papers is completed at the counting centre.” Postal ballots, also known as mail-in ballots, allow registered voters to cast their votes by mail instead of physically going to a polling station.

PM Modi arrives at BJP HQ in Delhi after NDA’s landslide victory in the Bihar Elections

5. After counting is over: Once all rounds of counting are completed, the Returning Officer compiles the results for the entire constituency. The candidate with the highest number of votes is declared the winner by the Returning Officer. A formal declaration is made, and the result is communicated to the Election Commission of India.

6. Certificate of Election: The winning candidate is issued a “Certificate of Election” by the Returning Officer of the constituency, officially confirming their election. The candidate will be asked to sign an acknowledgement of receipt of the certificate. This certificate, known as Form 22, is required by authorities for verifying the identity of the elected candidates when they go to the Lok Sabha or Vidhan Sabha to take their oath as members.

The final results are sent to the ECI, which then publishes the results on its official website and communicates them to the public via the media.

7. Recount Requests: If there is a demand for a recount, the Returning officer may consider it if the margin of victory is narrow or if there are valid grounds for suspicion of error. The recounting is done in the presence of all candidates or their representatives. If a candidate disputes the results, they may file an election petition in the relevant High Court within a stipulated period after the results are declared.

8. Post-Counting Storage of Election Materials: EVMs, VVPATs, and other election-related materials are stored securely for a specified period in case they are needed for any legal review or audit. The Election Commission may also conduct post-election audits or reviews to ensure the integrity of the process and address any discrepancies.

Post declaration of Result

1. The Governor is duty-bound to swear in the elected members as members of the Assembly, as soon as their election is notified under the Representation of the People Act 1951. The Governor could not initiate the process of the formation of the Government without constituting the Assembly by swearing in the newly elected members and without the election of at least the Speaker (if not the Deputy Speaker) from amongst themselves, as provided in Article 178 of the Constitution.

2. It is only when the Assembly is so constituted that the Governor calls upon the leaders of the political parties in the Assembly to form the government. If there is a party that has an undisputed majority, he appoints the leader of such a party as the Chief Minister.

3. However, if there is no party with such a majority, then the party that has a larger number of members and stakes its claim to form the Government is given the first opportunity to form the government. If, however, at the very time when such a party stakes its claim, the other parties coming together form a Front and show that the Front has a larger number of members, the Governor will be justified in inviting such a Front to form the government, instead of the single party with a majority.

4. It depends on the seats won by the parties to decide whether a majority or a coalition government is formed in the state. In Bihar, pre-poll coalitions have been formed through National Democratic Alliance (NDA) and the Mahagathbandhan.

BEYOND THE NUGGET: Role of ECI

The Election Commission of India (ECI) is a permanent, independent, and constitutional authority responsible for conducting free and fair elections in the Union and the States of India. The ECI is empowered to supervise, oversee, and manage elections to Parliament, state legislatures, and the offices of President and Vice President of India.

Article 324: The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and the Legislature of every state and of elections to the offices of President and Vice-President.

Article 325: No individual to be excluded from electoral rolls on the basis of religion, race, caste, sex or any of them.

Article 326: Adult suffrage shall be the basis for elections to the House of the People and to the Legislative Assemblies of States.

Article 327: Parliament may, according to the provisions of this Constitution, from time to time enact laws with respect to all matters relating to elections to Parliament and Legislative Assemblies of States.

Article 328: A state’s Legislature may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature.

Article 329: The article prohibits the courts from becoming involved in electoral matters.

Post Read Question

Consider the following statements:

1. The Governor could not initiate the process of the formation of the Government without constituting the Assembly by swearing in the newly elected members.

2. The candidate with the highest number of votes is declared the winner by the Returning Officer.

Which of the following statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

(Sources: Explained: After election results, what’s next, Election process in India: Counting of votes and result declaration, Formation of State Government, Amid controversies over ‘vote chori’ and SIR, let’s revisit EC’s power and duties)

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