13

Aug

Lok Sabha Elections : Vote count discrepancies raise ugly questions

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By Our Correspondent

New Delhi | Tuesday | 13 August 2024

The discrepancies found in the number of votes polled and the number of votes counted in 538 constituencies in the recently concluded 2024 Lok Sabha elections have raised a serious question about the correctness of the poll results, after which the Bharatiya Janata Party has formed the government at the Centre with the support of its allies in the National Democratic Alliance (NDA).

Research conducted by a poll watchdog, Association for Democratic Reforms (ADR), has revealed discrepancies in vote counts which have been highlighted in its report titled “Discrepancies between the votes cast and the votes counted in the 2024 Lok Sabha election: Multiple Perspectives”. The ADR has stated in its recent report that the apprehensions about the results must be seriously addressed and put to rest.

In the Lok Sabha election, a total of 5,54,598 votes counted were less than the votes polled in 362 parliamentary constituencies, while a total of 35,093 votes were counted more than the votes polled in 176 constituencies, the ADR said at a press conference in New Delhi last week. The non-government organization also flagged the inordinate delay in releasing final voter turnout data and the absence of disaggregated constituency and polling station figures in absolute numbers.

ADR founder Jagdeep Chokkar questioned whether the election results were declared based on final reconciled data and said that this had raised concerns and public suspicion regarding the correctness of the election results. A reaction from the Election Commission of India is still awaited.

 

Article at a glance
A recent report by the Association for Democratic Reforms (ADR) has raised concerns about the accuracy of the 2024 Lok Sabha election results. The report found discrepancies in the number of votes polled and counted in 538 constituencies, with 5,54,598 votes counted less than the votes polled in 362 constituencies and 35,093 votes counted more than the votes polled in 176 constituencies.

The ADR has called for the Election Commission of India (ECI) to investigate these discrepancies and provide a clear explanation. The report also highlighted the delay in releasing final voter turnout data and the absence of disaggregated constituency and polling station figures.

The ADR has urged the ECI to publish the total number of electors, voters, and votes polled in each constituency to maintain the purity and legitimacy of elections. The issue has sparked concerns about the integrity of the electoral process.

 

]The ADR report said that while declaring the results of the general election, votes polled and counted showed significant discrepancies in 538 parliamentary constituencies, except Amreli, Attingal, Lakshadweep and Dadra Nagar Haveli and Daman Diu. “Surat constituency was uncontested. Hence the total discrepancies in 538 constituencies are 5,89,691 votes,” it said.

“The Election Commission has so far failed to give any reasonable explanation in declaring the election results before releasing the final and authentic data on the vote count, the mismatch in EVM votes polled and EVM votes counted, increase in voter turnout, non-disclosure of number of votes polled in numbers, unreasonable delay in release of votes polled data and the clean-up of certain data from its website,” the ADR said in a statement.

The organization said that to maintain the purity and legitimacy of elections, the Election Commission should publish the total number of electors in each parliamentary constituency, the total number of voters as noted in the register of voters, and number of voters as per EVM for all parliamentary constituencies that have already gone to polls.

“To remove any/all apprehensions from the minds of the voters, EC should provide the following information in the public domain for the 2019 and 2024 Lok Sabha elections and all future elections, i.e., Statutory forms 17C, Form 20, Form 21C, Form 21D and Form 21E,” the ADR said in its statement.

The ADR report suggested that to ensure election integrity, the EC should publish the total number of voters, both registered and recorded by EVMs, for all parliamentary constituencies that have already voted. For fair elections, the EC should also reconcile data accurately before the final results of any election are declared, it read.

The report also recommended that the EC upload scanned legible copies of Form 17C Part-II, which includes candidate-wise results after counting for the 2024 Lok Sabha elections. It also suggested disclosing voter turnout figures by constituency and polling station in both absolute numbers and percentages.

As per the report’s suggestions, the ECI should investigate discrepancies from the 17th and 18th Lok Sabha elections and create a strong procedure for future investigations into election data discrepancies. To maintain the credibility of the conduct of elections devoid of any manipulation or illegality, the EC should also upload scanned legible copies of Form 17C Part- II which contains the candidate-wise result of counting after the compilation of results of the 2024 Lok Sabha elections.

To ensure easy accessibility of the data, a tabulation of the constituency and polling station-wise figures of voter turnout in absolute numbers and in percentage form must also be disclosed. To be more accountable, answerable, and transparent to the electorate, the EC should not only investigate the discrepancies that had taken place in the 17th and 18th Lok Sabha election results but the Commission should also formulate a robust procedure for all future elections for the investigation of any discrepancy found in the election data.

Significantly, the EC is duty-bound to make sure that the elections are driven by fairness, credibility, and honesty and not by manipulation, misconduct and illegalities. To uphold and preserve the sanctity of elections, it is undeniably imperative that election results are accurate.

On February 27, 2020, an application was filed in court against the mysterious rush and urgency shown by the EC by destroying the VVPAT slips used in the 2019 Lok Sabha elections just four months after the results were declared. This was in contravention of the rules prescribed under Rule 94 (b) Conduct of Election Rules, 1961 which states that “the used or printed slips in any election shall be retained for one year from the date of declaration of the results of the election and shall thereafter be destroyed.”

This was also in contravention of EC’s directions to all the CEOs of States and Union Territories through its letter dated 23rd September 2019 (Letter No. 51/8/EVM/2019-EMP) which had clearly instructed that “VVPAT slips about mock poll and actual poll cannot be disposed of if any election petition or court case is pending in the competent court and the paper slips shall be kept in the custody of District Election Officers till the final disposal of the Election petition or Court case.”

Two separate applications were later filed in the Supreme Court in May 2024 with the plea to direct the EC to disclose authenticated records of voter turnout by uploading on its website scanned legible copies of Form 17C Part-I (Account of Votes Recorded)of all polling stations after each phase of polling and to provide tabulated polling station-wise data in absolute figures of the number of votes polled as recorded in Form 17C Part- I after each phase of polling during the Lok Sabha, 2024 elections.

On December 13, 2019, the Supreme Court issued notices to the EC and Union of India based on the ADR’s petition. Since then, the matter has been pending before the court for a full hearing. No action or steps were taken by the highest court against the discrepancies found in the 2019 Lok Sabha election despite the various applications filed and repeated requests made for an urgent adjudication of the petition.

On May 24, 2024, taking a hands-off approach in between the elections, the court refused to hear the applications filed against the discrepancies and violations found in the 2024 Lok Sabha elections and rather adjourned the matter along with the main petition filed by ADR and Common Cause in 2019. Had the court considered and heard the issues raised through the petition determinedly and at an appropriate time, the discrepancies and apprehensions found in the recently concluded Lok Sabha 2024 elections could have been avoided, according to the ADR.

Former Secretary to the Government of India, E.A.S. Sarma, based in Visakhapatnam, has shot off a letter to Chief Election Commissioner Rajiv Kumar stating that the discrepancies highlighted by the ADR, which several other election watch bodies have corroborated, were far too serious to be summarily brushed aside. “I would not be surprised if such a review significantly alters the relative strengths of the different political parties in the Lok Sabha and the consequent changes in the balance of political power at the Centre,” he said.

This is a matter on which the EC can no longer afford to maintain its customary, inexplicable silence, as the public at large feel deeply concerned about the discrepancies brought to light by the ADR and they expect a satisfactory response from the Commission, as it is to them that the Commission should hold itself accountable. The EC should come forward with all the relevant facts to justify whatever clarification it will provide.

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