How EVM Votes are Counted What is the reason? EC changed the rules for postal Ballots in 2019, What’s opposition’s issue? – News18

News Desk

03/06/2024

With less than 24 hours left for the results of the 18th Lok Sabha Elections to be announced, the Opposition leaders have urged the Election Commission to count postal ballots first and then finalise the Electronic Voting Machine (EVM) numbers.

The party leaders demanded that results of the postal votes must be announced first. “This is clearly stipulated in the statute of limitations,” said Congress leader Abhishek Manu Singhvi.

The letter they sent to EC In their letter to the EC, INDIA leaders emphasized that the margin of victory for 2020’s Bihar election was 12,700 for Bihar’s state as the postal ballots counted was 52,000. “In fact there was a massive protest in Bihar because this was the very first time (which was conducted following the outbreak in the pandemic Covid-19) that mail ballots counted at conclusion of the counting of EVM votes,” the INDIA parties claimed, according to The Indian Express.

They requested to the EC to issue directives according to Rules 54A under the Conduct of Election Rules, 1961, which states “the Returning Officer should first examine the ballot paper for postal delivery …”

What is the rule in the Counting of Postal Ballots?

In the run-up to 2019, during the Lok Sabha Election, the count of postal ballots was performed 30 minutes before EVM counting. Every postal ballot had to be counted prior that the EVM counting could begin.

“Under none circumstances, should the results from all rounds of EVM counting be released prior to finishing the postal ballot count,” stated the EC’s Handbook for Counting Agents in February 2019.

However, the EC altered the guideline following the 2019 elections, as the number of postal ballots been increasing since the introduction of the Electronically Transmitted Postal Ballot System (ETPBS) as well as the compulsory counting of VVPAT slips from five polling places randomly selected.

It retracted its previous guideline and instructed all Chief Election Officers on May 18 2019 that EVM counting “can continue regardless of the state of counting the postal ballot”.

Today, the postal ballot counting starts 30 minutes prior to the EVM counting begins, but it doesn’t have to be completed prior to the EVMs.

The EC has also changed the rules to allow re-counting postal ballots. In the past, postal ballots were counted when they had a margin lower that the entire number of mail ballots. In the present, postal ballots that are deemed invalid as invalid will be checked again when the margin is lower than the total number of ballots.

How many postal ballots were received in the previous Election?

In the 2019 elections for the parliamentary seat in the 2019 parliamentary elections, a total of 22.71 million ballots cast that is 0.37 percent of the 60.76 million valid votes. The number of ballots that were sent to postal mail is anticipated to increase this time.

The EC has introduced a postal ballot to vital service workers, such as in the defence sector, individuals over the age of 80 age and those who have disabilities. The age limit is now 85 in the case of seniors, and Covid 19 patients are included on the list of people eligible to vote by postal ballot.

Who is responsible for the counting of Votes?

The Returning officer (RO) selected by EC must ensure that the vote is counted in accordance with the rules with a reasonable way. A RO is assisted with assistant return officers (AROs) who are in charge of counting votes in assembly segments that fall within the electoral district of the parliament.

What is the procedure for determining how EVM Votes are counted?

• The EVMs are stored in a room within the electoral district of the parliament and are retrieved during the date of the counting and then reopened with the participation of officials of the various political groups.
• The RO will count the votes by using postal ballots. The count of votes starts 30 minutes following the count of postal ballots. The control unit of EVMs are needed during the counting process.
• The count of voting for every assembly segment of the parliamentary district is conducted in one room in which fourteen tables have been set up. EVM control units are positioned among the tables.
• Counting may also be conducted at multiple locations within the constituency for assembly and under supervision by an ARO.
• Votes recorded within fourteen EVMs are counted each round. The results are announced on a whiteboard that is placed on each table prior to when the counting starts for the next round.
• Control unit for the EVM has an “Results” button which displays the number of votes that each candidate got. The button also shows how many candidates for each district.
• If the button Results is hit when the button is pressed, the EVM displays the votes of candidates in order and is accompanied by a beep sound. The control unit displays “End” following the numbers of votes cast by candidates are shown.

What is EC Guidelines regarding the counting of Votes?

The process of counting votes for a particular constituency won’t begin when there is a outstanding EC or other orders regarding an adjourned or cancelled poll or any other voting station(s). However, if a resoiling in any of the polling station(s) will be taking place on the day of counting then the counting process for that constituency could begin. In this case the final round of counting must only commence when the newly-re-polled EVMs and VVPATs of such polling places are safely taken to the counting area.

The Returning Officer must take note of the provisions in Section 128 of the Representation of the People Act of 1951 and Rule 54 of Conduct of Election Rules 1961 in order to ensure the secrecy of voting. In Rules 60 in the Conduct of Elections Rules, 1961, the count must be continuous and without intervals the rules stated.

“No authorized person should be in the Counting Hall. According to Rule 53(4) (a), the RO has the power to order any person to be taken away from the Counting Centre, if anyone does not follow the legal instructions of the returning officer.” the body that conducts the polls added.

In accordance with the rules of Rule 54A from the Conduct of Elections Rules 1961 the rules for counting postal ballots state that counting begins at the table of the Returning Officer. Only the ballots for postal mail that are received by the RO prior to the scheduled date for the start of counting will be counted to be counted.