New Delhi: A multi-party delegation led by Congress met the Election Commission. The meeting was on the importance of counting postal ballots & declaring their results first.
Dr Abhishek Manu Singhvi who led the delegation said, 'This is very clearly stated in the statutory rule, Rule 54A which specifically says that you shall take up and deal with the postal ballots first. This has been understood by the Election Commission over the years and in particular the Election Commission elaborated this in 2019 in writing that even if you start the EVM counting, while the postal ballot counting is going on, even then you shall stop the EVM counting if it has reached the end and first declare the postal ballot counting result. This is specifically reiterated in 2019 and other letters of the EC which we read out to them.'
Singhvi said, 'Our complaint is that this statutory rule, and this 2019 guideline has been given the go by. The Chunav Aayog has now repealed this 2019 practice. The net result is that by a method of practice EVMs can be counted and if the EVM counting gets over before the postal ballot, it will still be completed. In other words, the postal ballot counting and result need not be declared first.
1. This number one is a very grave and a clear violation of a statutory rule.
2. You cannot change a statutory rule by a guideline or a letter.
3. This is the understanding in the guidelines of 2019 of the EC itself and that can’t be repealed and above all.
4. We all know that the total difference in votes between two main contending parties in a particular area or even the whole state, let us assume it is X, the postal ballots maybe 2X or 3X, outstripping their entire margin for the whole state between two parties. In other words, the result which is north can become south by the postal ballots counting or East can become West. It is therefore vital that the spirit which underlies rule 54A, which cannot be amended or repealed, must be followed. There is no problem in stopping the EVM counting even if it has reached the penultimate round and first declare the postal ballots result and then go on to the EVM.
The other complaint is to direct the counting officials to follow the existing guidelines. Singhvi said we are not asking for new guidelines, but unfortunately what is already stated in the guidelines is not being followed by the counting officers.
The issue of form 17 C was earlier raised before the Election Commission as well.
