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Behind Opposition postal ballot concern, Election Commission rule change in 2019

Opposition INDIA bloc leaders visited the Election Commission office in New Delhi on Sunday to address their concerns ahead of the upcoming Lok Sabha election vote counting on June 4. The INDIA bloc urged the Election Commission to ensure that the counting of postal ballots is completed before announcing the results of Electronic Voting Machine (EVM) votes.

The Opposition’s worry arises from a modification in the Election Commission’s guidelines in 2019 regarding the counting of postal ballots. Previously, in the 2019 Lok Sabha elections, all postal ballots were counted before the EVM counting began. However, a change was made to this process due to the increasing number of postal ballots, particularly with the introduction of the Electronically Transmitted Postal Ballot System (ETPBS).

In a directive issued to all Chief Electoral Officers in May 2019, the Election Commission revised the guidelines to allow EVM counting to proceed regardless of the stage of postal ballot counting. Once the EVM counting is concluded, the VVPAT slips can be counted. Additionally, the rule for mandatory re-counting of postal ballots was adjusted to focus on rejected invalid ballots if the margin of victory is less than the number of such ballots.

During the 2019 Lok Sabha elections, 22.71 lakh postal ballots were received, comprising 0.37% of the total valid votes. It is anticipated that the number of postal ballots will be higher in the upcoming election, especially with the inclusion of Covid-19 patients and individuals above 85 years in the eligibility criteria for postal ballots.

As per the current guidelines outlined in the 2023 Handbook for Counting Agents, EVM counting can commence 30 minutes after the start of postal ballot counting, continuing irrespective of the status of postal ballot counting. Once EVM counting is finalized, VVPAT slip counting can begin as well.

Notably, Opposition parties have expressed apprehension regarding the counting process due to the potential increase in the number of postal ballots. They highlighted the discrepancy in the 2020 Bihar elections where the winning margin was 12,700 votes, while the number of postal ballots exceeded 52,000. The INDIA parties are urging the Election Commission to reconsider the 2019 directive and align with Rule 54A of the Conduct of Elections Rules, 1961, which emphasizes prioritizing the handling of postal ballots by returning officers.