Poll Counting on June 4: How Votes Are Counted? Here Is ECI's Step-by-Step Process

As the polling comes to an end, candidates eagerly await the outcome of their fate sealed in Electronic Voting Machines (EVMs). ETV Bharat's Saurabh Shukla explores the law and procedure of counting of votes.

New Delhi: After the final phase of voting on June 1, the counting of votes will begin at 8 am on June 4 and continue till the counting of votes polled across 543 constituencies is completed by the Election Commission.

The Election Commission of India (ECI) manages the election process, employing Electronic Voting Machines. Furthermore, in a first for the general elections 2024, the ECI has introduced a voting facility enabling senior citizens aged 85 and above, as well as persons with disabilities meeting a 40 per cent benchmark, to cast their votes from the comfort of their homes through postal ballot.

A structured framework for the vote-counting process has been developed in accordance with election regulations. Based on these regulations, the Election Commission has compiled a dedicated handbook for officials engaged in the vote-counting process.

Rules of counting

According to the handbook issued by the Election Commission for election purposes of the counting of votes is governed by Rule 66A of the Conduct of Elections Rules, 1961, as inserted by the Conduct of Elections (Amendment) Rules, 1992.

Under Rule 66A, the provisions of rules 50 to 54 pertaining to the timing and location of vote counting, the appointment and dismissal of counting agents, access to the counting venue and the preservation of voting confidentiality are applied, mirroring their application in constituencies utilising the traditional system of ballot papers and ballot boxes. Furthermore, Rule 54A, which addresses the counting of postal ballot papers, is also extended to constituencies utilising voting machines, given the similarity in the postal voting procedure.

Rule 66A introduces three new rules: Rules 55C, 56C, and 57C. These rules cover the scrutiny and examination of voting machines before counting, the actual vote counting process recorded in the voting machines and the sealing of voting machines following the counting procedure.

The handbook also clarifies that to eliminate any uncertainty or ambiguity, the aforementioned amendment rules specify that rules 60 to 66 (which cover continuous counting, recommencement of counting after a fresh poll, recount of votes, declaration of election results, counting at multiple locations and granting of certificates of election to successful candidates) shall also apply to voting by voting machines. Additionally, any reference in those rules to a "ballot paper" shall be interpreted as including a reference to the voting machine.

Counting process

According to the rules, the counting of votes is the responsibility of the Returning Officer. The Returning Officer is an official appointed by the ECI in consultation with the state government to oversee each constituency. Assistant Returning Officers are also legally authorised to oversee the counting process. If the Returning Officer has been assigned multiple Parliamentary or Assembly constituencies, their Assistant Returning Officers can conduct the counting of votes for individual Assembly segments separately.

In accordance with Rule 51 of the Conduct of Elections Rules 1961, the Returning Officer must inform each contesting candidate or their Election Agent in writing, at least one week before the polling date, of the date, time, and location for counting of votes, including any special arrangements for counting tables.

As per the ECI’s Handbook, the counting of votes will take place at Counting Centres, which may comprise one or more Counting Halls. Ideally, these centres should be located at District headquarters, although in exceptional cases, they may be situated at Sub-Division headquarters.

For Lok Sabha elections, it is preferable for all Assembly segments (ASs) within a Parliamentary constituency (PC) to be counted at a single location. However, if circumstances such as large areas, long distances, difficult terrain, space limitations, or logistical challenges arise, it is permissible for Assembly segments to be counted separately, especially if the Parliamentary constituency spans multiple districts. Each Counting Centre and Counting Hall will be assigned a unique identity number.

In general, each Counting Hall should have between 7 and 14 counting tables for the Control Unit (CU) of the EVM, along with an additional table, designated for counting postal ballots. Any deviation from this prescribed number of tables requires specific approval from the Commission via the Chief Electoral Officer, who must address this aspect explicitly in the report or recommendation. Also, each hall should be allocated for counting votes from only one Assembly constituency or Assembly segment at any given time.

For the simultaneous counting of votes in Lok Sabha and Assembly elections, different scenarios regarding the roles of the Returning Officer of the Assembly constituency (AC) and the Assistant Returning Officer of the Assembly segment (AS) of the Parliament constituency (PC) are considered:

a) If separate Counting Halls for the Lok Sabha and Legislative Assembly are available, they can be utilised for both the AC and AS counting. In this case, the Returning Officers for the AC/AS and Assistant Returning Officers may conduct the counting for the Assembly Segment, while the Assistant Returning Officer of the AC may handle the Assembly constituency counting.

b)In the absence of separate halls, half of the counting tables in a single hall are designated for the PC and half for the AC. Counting agents sit accordingly to represent candidates for both the PC and AC. As Strong Rooms for the PC and AC are separate, a distinct path must be designated for transporting Control Units, Voter Verifiable Paper Audit Trails (VVPATs) and other materials. The hall should be divided into two partitions with wire mesh.

In places like Odisha where both Parliamentary and Assembly elections are happening at the same time, they split the counting area. The first seven tables are for tallying Assembly election votes, and the others are for the Parliamentary seats.

Counting tables are placed against a barricade of woodblock and wire mesh, behind which Counting Agents sit or stand. They're prevented from physically accessing the CU/VVPAT or Postal Ballots, but must have a clear view. Adequate signage guides counting staff, candidates, Counting Agents and media personnel.

Each Counting Hall has a large blackboard, whiteboard, or TV displaying candidates’ names and round numbers. Round results are written/displayed after observer certification, followed by the Returning Officer's declaration. Control Units for the next round are only brought from the Strong Room after this.

Each counting table, including those for Postal Ballots, has one Micro Observer (not below group ‘C’ officials). The Observer trains the Micro Observer, who ensures counting process integrity.

Eligibility of Counting Agent

According to the ECI, the law does not prescribe any qualifications for a person to be appointed as a Counting Agent. However, candidates are advised to appoint individuals aged 18 years and above as their Counting Agents to ensure proper representation during the vote-counting process.

Each candidate is permitted to appoint as many counting agents as there are counting tables, including tables designated for the counting of postal ballots in their constituency. Additionally, the candidate can appoint one more counting agent to observe the counting process at the Returning Officer’s table in their absence or the absence of their election agent.

The appointment of a Counting Agent is to be made either by the candidates or by their election agent, using Form 18 appended to the Conduct of Elections Rules, 1961.

Counting Process

As per the ECI guidelines, the RO must initiate the counting process promptly at the designated time. The Polled EVM Strong Room should be opened in the presence of the Observer, RO/ARO(s), and the candidates/their election agents. After recording necessary entries in the log book, the seal of the lock should be checked, shown to the candidates/election agents, and then broken. The entire procedure must be recorded via video with date-time stamping. Continuous CCTV coverage is mandated to document the movement of all Control Units, Voter Verifiable Paper Audit Trails (VVPATs) and relevant documents from the strong room to the Counting Hall.

It is a legal obligation for everyone present in the counting hall to maintain and assist in maintaining the secrecy of the vote. They must refrain from sharing any information that could compromise this secrecy.

Throughout the counting process, Counting Agents and others are not permitted to leave the Counting Centre. Typically, they will only be allowed to exit after the results are officially declared. However, Counting Agents not involved in observing the counting of VVPAT slips in VVPAT Counting Booths may be granted permission by the RO to leave the counting hall once the counting of votes in CUs and Postal Ballots is completed.

Counting of Postal Ballot Papers

As outlined in Rule 54A of the Conduct of Elections Rules 1961, the initial step involves counting the postal ballot papers at the table of the RO. Only those postal ballot papers received by the RO before the scheduled start time for counting are eligible for consideration. At the commencement of the counting process, it is the responsibility of the RO to furnish the Observer with the most up-to-date tally of the total number of postal ballot papers received from facilitation centres and through post.

After 30 minutes from the start of counting postal ballots, the counting of votes from Electronic Voting Machines (EVMs) should commence. Counting from EVMs will begin at the scheduled time in the following circumstances:

(a) If there are no postal ballot papers in the constituency.

(b)In other Assembly segments of the Parliamentary constituency where postal ballots are not counted.

Regarding the process of recounting, although the use of voting machines typically eliminates the need for a recount due to the validity of each recorded vote, the provisions regarding recounting in Rule 63 of the Conduct of Elections Rules, 1961, still apply.

Once counting is completed and the Final Result Sheet in Form 20 is prepared, the RO should announce the total number of votes polled by each candidate as entered in Form 20. The RO should then pause for a moment. If, during this time, any candidate or, in their absence, their election agent or any counting agent requests a recount, the RO should enquire about the time required for submitting a written application for recount.

In cases where the margin of victory is smaller than the number of postal ballot papers rejected as invalid during counting, all rejected Postal Ballot papers must be re-verified by the RO before the result is declared. Whenever such re-verification occurs, the entire process must be videographed.

Announcement of results

After completion of counting and verification, the RO proceeds to make the formal declaration of the election results. Before declaring the result, the RO obtains authorisation from the Observer concerned. Following the completion and signing of the Result Sheet in Form 20, and obtaining necessary approval from the Commission and a No Objection Certificate (NOC) from the Observer, the candidate with the highest number of valid votes is declared elected. The result must be announced loudly by the RO.

What after counting?

Following the declaration of the result, all Control Units, after removing the power packs, are stored in their respective carrying cases and sealed with address tags. Additionally, printed paper slips from VVPATs are taken out and sealed in black envelopes, with one envelope per VVPAT, and stored in trunks. These trunks should contain envelopes for one AC or AS, with all relevant election details written on them.

Rules 92 and 93 of the Conduct of Elections Rules 1961 specify that the voting machines and printed paper slips, sealed under Rule 57C, are to be securely held by the District Election Officer and should not be opened or inspected by any person or authority except under the orders of a competent court.