S.N. Sahu 
The Vote for Democracy (Maharashtra) released its detailed publication titled Report: Conduct of Lok Sabha Elections 2024 – Analysis of ‘Vote Manipulation’ and Misconduct during Voting and Counting in Mumbai on July 22 and brought into public domain alarming aspects concerning the alleged malpractices committed during the conduct of 18th general elections.
Among others, it flagged the questionable role of the Election Commission of India (ECI) and Returning Officers, the stark differences between votes registered in electronic voting machines (EVMs) and the actual counted votes, and the massive hikes of votes in every phase of the elections with breakups state-wise and nationally. Teesta Seetlavad has issued a detailed note outlining the alleged irregularities.
Issue of hiked 5 crore votes
It is perplexing to note that the report pointedly referred to a hike of a staggering total of five crore votes between initial and final voter turnout. After making an incisive analysis of such a confounding hike based on data and facts it persuasively opined that it is suggestive of significantly boosting the seats tally of the ruling National Democratic Alliance (NDA) which got the majority mark to form government with Narendra Modi as Prime Minister.
Loss of credibility of ECI
While alleging that the electoral malpractices were committed, it did not spare the ECI which the CSDS and Lok Niti survey showed commands the trust of only 28% of the people surveyed. Such loss of credibility for the ECI in 2024 stands in sharp contrast to the opinion poll conducted in 2000 when it secured the top position ahead of the judiciary, the Indian Army and the Government of India. That exalted position of ECI was proudly stated by then president of India K.R. Narayanan in his speech delivered on the occasion of its golden jubilee celebrations that year.
Also read: ‘Spike in Final Voter Turnout Greater Than NDA’s Thin Victory Margin in 79 Seats’: Citizens’ Body
The issue of non-disclosure of voter turnout by ECI
It is rather tragic that the institutional integrity of ECI has eroded so much that 24 years later it is being interrogated in several quarters including in the aforementioned report of VFD for its acts of commission and omission in conducting elections. The VFD, among others, highlighted the role played by ECI in delaying the declaration of initial turnout figures and then substantially hiking the final turnout figures. “The ECI,” it sharply noted, “did not explain as to why there was a substantial hike in the final figures, nor did the poll body explain the long delay (11 days!) in releasing the final figures and that too in percentages only.”
It is pertinent to juxtapose this point with the ECI’s absurd affidavit before the Supreme Court that it has no legal mandate to share voter turnout data with anyone other than the candidates and their agents on the specious ground that disclosure of voter turnout data could cause confusion among voters which could be exploited by malicious interests in closely contested elections.
That affidavit was submitted in response to a petition filed in the Supreme Court by the Association for Democratic Reforms (ADR), an apolitical and non-partisan non-profit organisation, seeking directions to the ECI to disclose the authenticated records of voter turnout by uploading on its website scanned legible copies of Form 17C Part-1(Account of Votes Recorded) of all polling stations after each phase of polling during the conduct of 2024 Lok Sabha elections.
Voters in queue. Photo: Election Commission of India
VFD upholding the cause of free and fair elections
That affidavit of ECI contravened the ideal and practice of conducting free and fair elections held by the Supreme Court to be part of the basic structure of the Constitution.
The VFD in boldly interrogating the ECI in its report and pointing out the alleged lapses committed by it in not explaining the reasons behind the sharp rise in voter turnout and the inordinate delay in doing so is taking a step in upholding the cause of free and fair elections. VFD’s arguments that the alleged lapses of ECI are suggestive of favouring the BJP-led NDA government to get the desired electoral outcome confirms the fear expressed by the apex court in the Anoop Baranwala versus Union of India case in 2023 that it should not become a “servile commission”.
The Supreme Court in its landmark judgement declared the Electoral Bond Scheme as unconstitutional as it violated the fundamental right to know the sources of funding for political parties. It is rather strange that the ratio of that judgement upholding the voters’ right to know is negated by ECI’s decision not to disclose to the electorate the massive hike in voter turnout which it claimed during the conduct of the 18th general elections.
VFD further charged that ECI has not answered any specific questions regarding the jump in final voter turnout and discrepancies between EVM votes polled and counted till date. The report also held the ECI culpable for denying the contesting candidates or not issuing them Form 17C, which records the details of votes polled at the end of the polling day.
An unexplained hike in voter turnout helped the BJP
VFD made a serious charge that the voter turnout hike in Phase 2 resulted in “beneficial results for the NDA/BJP: in most of the states e.g. West Bengal 3/3, Uttar Pradesh 8/8, Madhya Pradesh 6/6, Chhattisgarh 3/3, Tripura 1/1, Jammu and Kashmir 1/1, Karnataka 12/14, Rajasthan 10/13 and Assam 4/5”.
“Such a trend”, it observed, “is not seen in the other 6 phases of polling including in the same states of West Bengal, Uttar Pradesh, Jammu and Kashmir, Karnataka, Rajasthan”. “In this Phase 2”, it proceeded to add, “the example of Kerala is unique in that the BJP in this Phase got one seat, stood 2nd in another seat and 3rd in other 14 out of a total of 20 seats in the state!” “There appears to be a clear-cut manipulation here,” it claimed. It then asserted “ close to 5 crore vote hikes has benefitted BJP/NDA to secure at least 76 seats, which it may have lost in the absence of such hike”.
ECI’s silence affirms apprehensions of Ambedkar and the Constituent Assembly
VFD has sent its report to ECI, asking the latter to address the questions raised. If it fails to do so, it would prove B.R. Ambedkar’s apprehensions expressed in the Constituent Assembly on June 16, 1949, during the debates in the Constituent Assembly on the draft Article 289 (now Article 324) of the constitution dealing with the Election Commission, that in the absence of any provision in the constitution to prevent the appointing of either a fool or a knave as Election Commissioner it would be likely that the ECI would come under the thumb of the executive.
A distinguished member of the Constituent Assembly, Professor Shibban Lal Saksena, while participating in the discussion on June 15, 1949, said:
“It is quite possible that some party in power who wants to win next elections may appoint a staunch party man as Chief Commissioner”.
He added that in the future there would not be a prime minister like Jawaharlal Nehru known for independence and impartiality and someone else with weak credentials might occupy the office of Prime Minister and abuse his right by appointing an unsuited person as CEC, who in turn would wreak havoc on the electoral process.
Hriday Nath Kunjru in his speech in the Assembly suggested that Ambedkar’s proposed Election Commission should be modified to “consist of impartial persons, so Election Commissioners may be able to discharge their duties fearlessly”.
He demanded safeguards to keep the election machinery free from political influences both from the states and Centre, and observed:
“We are going in for democracy based on adult franchise. It is necessary therefore that every possible step should be taken to ensure the fair working of the electoral machinery. If the electoral machinery is defective or is not efficient or is worked by people whose integrity cannot be depended upon, democracy will be poisoned at the source; nay, people, instead of learning from elections how they should exercise their vote, how by a judicious use of their vote they can bring about changes in the Constitution and reforms in the administration, will learn only how parties based on intrigues can be formed and what unfair methods they can adopt to secure what they want”.
The report of VFD assumes greater significance in the context of the apprehensions in the Constituent Assembly and aforementioned observations of SC in 2023 that ECI should not become a servile Commission. Can ECI uphold the cause of free and fair elections by answering the questions raised by VFD?
S N Sahu Served as an officer on special duty to President of India K R Narayanan.