New Delhi: In a concerted push for electoral transparency, opposition leaders have urged the Election Commission (EC) to declare postal ballot results before commencing the count of Electronic Voting Machine (EVM) votes. Highlighting discrepancies from previous elections, the leaders from the Indian National Developmental Inclusive Alliance (INDIA) pointed to the 2020 Bihar state elections, where the winning margin was a mere 12,700 votes compared to the 52,000 postal ballots cast.
The INDIA leaders, in their letter to the EC, underscored the controversy during the Bihar elections. It was the first election conducted after the onset of the COVID-19 pandemic, and the postal ballots were counted only after the EVM votes, leading to widespread dissatisfaction.
Legal Framework for Counting Postal Ballots
The opposition has called upon the EC to adhere strictly to Rule 54A of the Conduct of Election Rules, 1961. This rule mandates that the Returning Officer (RO) should prioritize the counting of postal ballot papers. According to the Handbook for Counting Agents issued by the EC in February 2019, “Under no circumstances should the results of all the rounds of the EVM counting be announced before finalizing the postal ballot counting.”
Changes in Postal Ballot Counting Post-2019
The EC modified its guidelines following the 2019 Lok Sabha elections due to the surge in postal ballots, driven by the introduction of the Electronically Transmitted Postal Ballot System (ETPBS) and mandatory Voter Verifiable Paper Audit Trail (VVPAT) slip counting from five randomly selected polling stations. The revised guidelines, effective from May 18, 2019, allowed EVM counting to proceed regardless of the postal ballot count stage.
Currently, the postal ballot count begins 30 minutes before the EVM counting, but completion of postal ballot counting is no longer a prerequisite for concluding EVM counting. Additionally, the rule for recounting postal ballots has been updated. Previously, a recount was mandated if the victory margin was less than the total postal ballots. Now, only rejected postal ballots are re-verified if the victory margin is less than the number of such ballots.
Postal Ballots in Previous Elections
During the 2019 parliamentary elections, 22.71 lakh postal ballots were received, constituting 0.37% of the 60.76 crore valid votes. The upcoming elections are expected to see a higher number of postal ballots due to expanded eligibility, including essential service workers, defense personnel, voters above 85 years, and COVID-19 patients.
Oversight and Counting Process
The RO, appointed by the EC, is responsible for ensuring a fair and accurate count of votes, assisted by Assistant Returning Officers (AROs) who oversee counting in assembly segments. On counting day, EVMs are unsealed in the presence of political party representatives. The postal ballots are counted first, with EVM vote counting commencing 30 minutes later. Each assembly segment within a parliamentary constituency counts its votes in a hall with 14 tables, with results declared on a blackboard at each table before proceeding to the next round. Multiple counting locations may be used under the supervision of an ARO.
Ensuring Fair Elections
The opposition’s call for early postal ballot declaration aims to enhance transparency and trust in the electoral process. By addressing potential discrepancies and adhering to established rules, they seek to uphold the integrity of India’s democratic framework.
