'Vote for Democracy' Report on Conduct of General Election 2024 Raises Concerns Over ‘Discrepancies’

Vote for Democracy (Maharashtra) released its comprehensive election report on the conduct of Lok Sabha elections 2024 during an event organised on July 22 at YB Chavan Centre in Mumbai. The publication, titled, “Report: Conduct of Lok Sabha Elections 2024 – Analysis of ‘Vote Manipulation’ and ‘Misconduct during Voting and Counting’”, describes the alleged malpractices committed during the election cycle, the role of the Election Commission of India and Returning Officers, discrepancies reported between EVM votes polled and count, and vote hikes (“dumped” votes) per phase-wise, state-wise, and nationally. The report underlines that in total 5 crore votes were hiked (“dumped”) between initial voter turnout and final turnout, suggesting that the hike disproportionately helped the ruling National Democratic Alliance (NDA).

The press release issued by VFD notes that “serious questions have been raised about the discrepancies between the total votes polled and votes counted, as well as, substantial unexplained hike in the turnout percentages by the Election Commission of India (ECI). While we do not doubt the credibility of the ECI, its conduct during this Lok Sabha election has made us, as citizens and voters, seriously concerned about the fair outcome of the electoral process.”

The report, in total containing 4 chapters, analyses through a series of tables the possible manipulation of election results, which it suggests has helped the ruling dispensation increase its seats tally in spite of total reduction in its seats tally. In order to help candidates identify the potential malpractice(s) in a constituency, the report has attached a checklist for figuring out the possible manipulation(s). Furthermore, as a legal resource, to emphasise on the integrity of the election process, the report also provides relevant judicial precedents and election laws, which are fundamental to the governance of election in a free and fair manner. In particular, the malpractices affecting the election outcomes in Mumbai North West and Farrukhabad parliamentary constituencies have been detailed in the publication.

Questioning the Election Commission

While highlighting the electoral malpractices, delay in declaration of initial turnout figures, and substantial hike in final turnout figures, VFD critiqued the Election Commission of India (ECI) for its silence on these issues. Flagging the delay in release of initial turnout figures and unexplained hike in the final turnout figures, the report says that for Phase 1 “The ECI 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 further said that ECI has not answered any specific questions regarding the jump in final voter turnout and discrepancies between EVM votes polled and count till date. The report also claimed that some candidates were either denied or not issued Form 17C, which records the accounts of votes polled at the end of the polling day.

Vote hike benefit ruling alliance

VFD observed that the substantial hike in final voter turnout compared to initial turnout data suggests that the ruling dispensation has benefitted most likely from these hikes. The report says that “it is pertinent to note that by this method of Voter turnout Hike in this Phase 2, there has been a sharply 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 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, 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 clearcut manipulation here.” Furthermore, it said that 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.

In particular, three tables, displaying the list of all the Parliamentary Constituencies (PCs) where the winning margin/defeat margin has been under 1 lakh vote; where the discrepancies have been found between the EVM votes polled and EVM votes recovered within the defeat margin of 50000 votes or less; and shortlisted table containing constituencies where alleged malpractices have been reported are given in the report. Apart from these, more than a dozen tables are provided analysing several aspects of voter turnout hike, hike in absolute number of votes, and potential malpractice.

Conclusion

The report notes that “Vote for Democracy (VFD) is a Maharashtra-level citizens’ platform comprising individuals and organisations, established in 2023. Our mission is to ensure voter registration, raise voter awareness, and promote hate-free elections where accountability and transparency are paramount.” The findings of the study, it said, has been dedicated to citizens, civil society, activists and political leaders. Explaining the rationale behind the exercise, VFD said that umpteen media reports flagging the conduct of General Elections 2024 led it to conduct a thorough study of the electoral conduct on part of the Commission and analysis of the election exercise and final results.

While releasing the VFD Lok Sabha 2024 report, Teesta Setalvad said that the primary need to release the report came from the concern regarding manipulation of votes apart from the inaction of the ECI over several infringement of poll code and election laws during the conduct of general election, including its silence on the issue of hate speech.

MG Devasahayam noted that voters rights to know, a fundamental democratic principle, was violated by the conduct of the Election Commission. He remarked that the ECI committed fraud on the people of India by blatantly ignoring the Supreme Court directions, making subsequent corrections in the uploaded data, refusing Form 17C to some of the candidates, and remaining absent during the entire election cycle. Furthermore, he said that selective variation of votes has been observed in at least 80 constituencies and circumstantial evidence suggests manipulation of votes, resulting in the mandate being snatched away from the people. He also flagged other issues, including ballot paper manipulations, lack of CCTVs in the strong room, changing of EVM machines, and manipulation in data released.

Sebastian Morris observed that compared to the challenges faced while using ballot papers, EVMs are more vulnerable to being manipulated and given the decline in independence of constitutional bodies, this raises serious concerns. Morris said that right from the election of the ECI members, to selective interventions on violation of election rules, the behaviour of the ECI has been a sham. He also commented on the issue of delay in release of voter turnout data and subsequent hikes reported in such data and further noted that in as many as 79 seats, the hike in number of votes has been more than victory margins.

Dr. Harish Karnick, a retired IIT Kanpur Professor, said that ECI’s refusal to conduct complete cross-verification of EVM votes and with VVPAT remains unjustified, especially given the unexplained delay in the release of initial turnout data and subsequent hike in final turnout data. Dr. Karnick maintained that from the whole VVPAT fiasco to the erosion of the voter’s right to know who they voted for, there are records of these manipulations but no answers. He emphasised on the point that EVMs have exacerbated existing certain gaps in the electoral process, and ECI seems to have exploited those gaps.

Following on the grievances and issues raised in the said report, a joint legal notice was sent to the ECI by the members of the various civil society groups on July 18. The notice which was addressed to the Chief Election Commissioner, Rajiv Kumar, and Election Commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, demanded the following interventions from the ECI:

1. Thorough investigation into the issues raised and the irregularities/illegalities pointed out in the Notice for the information of the voting public who are the real stakeholders in any election.
2. Immediate remedial action on all the issues raised.
3. Setting aside the election of the illegally returned candidates on grounds of non-compliance with the provisions of the Constitution or of RP Act or of any rules or orders made under this Act.
4. Immediate registration of FIR Under Section 129 of the RPA 1951, Section 65,66,66F of the IT Act, 200 and IPC Sections 171F/409/417/466/120B/201/34 and investigation into the roles of all involved, including ECI officials, BEL and ECIL engineers, and beneficiary parties.
5. Countermanding the election in the constituencies where large-scale spurious injection of votes have taken place as per the list in Annexure and ordering re-election.
6. Passing such other orders and further orders as may be deemed necessary on the facts and in upholding integrity and fairness of the elections for the future also.

Full Report is available on https://votefordemocracy.org.in