 "No provision states a repolling in case tendered votes breach the 14 per cent threshold. PTI")
India is gearing up for the highly-anticipated Lok Sabha elections 2024, with phase one scheduled on 19 April.
The results of the polls, held in seven phases, will be declared on 4 June.
With about a week until the general elections, a message about “challenge vote,” and “tendered vote” has taken over the internet.
But are these claims true? Let’s take a look.
The viral message
The message about the voting rights of Indian citizens on social media platforms read:
When you reach polling booth and find that your name is not in voter list, just show your Aadhaar card or voter ID and ask for “challenge vote” under Section 49P (or Section 49A in some messages) and cast your vote.
If you find that someone has already cast your vote, then ask for “tender vote” and cast your vote.
If any polling booth records more than 14 per cent tender votes, repolling will be conducting in such polling booth. (sic)
Multiple users also shared the post on their social media handles.
The truth
First claim – False
When a person’s name is not on the voter’s list, they simply cannot vote, according to The Times of India, which quoted Election Commission of India (ECI) spokesperson Sheyphali Sharan.
In February 2022, the ECI also debunked this fake news by tweeting, “Voters cannot cast their vote if their name is not listed on the electoral roll.”
For those uninitiated, the Election Commission issues the voter ID card to Indian citizens only after their names have been added to the electoral rolls of their constituency. This also implies that just because one has a voter ID card doesn’t mean they will be allowed to vote. One has to make sure their name has appeared in the electoral roll.
What about a challenge vote?
Firstly, there is no such term as “challenge vote. The correct phrase is “challenged vote.”
As per The Conduct of Election Rules, 1961, under “challenged vote,” the polling agents challenge the identity of a voter and the presiding officer holds an inquiry into the challenge, according to the Deccan Herald. Thus, it has nothing to do with Aadhaar card or voter ID card.
The message also falsely quotes Section 49P, which refers to “Tendered votes.”
It says, “The identity of a person claiming to be a particular elector may be challenged by a polling agent, by depositing Rs 2 in cash. You must determine the challenge through a summary inquiry. If the challenge is not sustained, you must allow the challenged person to cast his vote. If the challenge is sustained, you must not only refuse the challenged person from voting, but also hand him over to the police along with a complaint in writing.”
“Unless there arise compelling grounds to indicate that an elector is a bogus voter, he is to be deemed to be a genuine elector. You must determine any such case through a summary inquiry,” the Handbook added.
On the other hand, some messages have also falsely mentioned Section 49A, which in the Conduct of Elections Rules, 1961, describes the “Design of Electronic Voting Machines,” and has no relation to “challenge vote” or “challenged vote.”
Second claim – True
Section 49P in The Conduct of Elections Rules, 1961 deals with “tendered votes,” and explains, “If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the presiding officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design, and the particulars of which shall be in such language or languages as the Election Commission may specify.”
NDTV explained that a tendered ballot paper is the same as a ballot paper, except it comes with “Tendered Ballot Paper” written on the back.
Third claim – False
No provision states a repolling in case tendered votes breach the 14 per cent threshold.
According to The Print, tendered votes are not included in the main vote count, and “as per judiciary, tendered votes are to be considered only when they are likely to affect the outcome of the election, that is, when the margin of victory is less than the number of tendered vote.”
Speaking to The Quint, former ECI director Padma Angmo had clarified in 2019 that tendered votes will be taken into account only on the direction of a High Court.
She said, “Courts have said that tendered votes should be taken into account only when they are likely to affect the outcome of the election, i.e., when the margin of victory is less than the number of tendered votes.”
Conclusion
The viral message is partly false.
There is no provision for a “challenge vote.”
Although a “tendered vote” can be cast, there is no mention of any repolling if it exceeds 14 per cent.
With inputs from agencies