Election Commission Should Clarify ADR’s Findings On Disparities In Votes Polled And Counted

Association for Democratic Reforms’ (ADR) latest report and their letter addressed to the Election Commission on serious inconsistencies between constituency-wise numbers of votes polled and those counted- Election Commission should come forward and clarify to ADR and the public at large

To
Shri Rajiv Kumar
Chief Election Commissioner

Shri Gyanesh Kumar

Election Commissioner

Dr Sukhbir Singh Sandhu 

Election Commissioner

Dear Dr Sukhbir Singh Sandhu, S/Shri Gyanesh Kumar/ Rajiv Kumar,

I have written to you time and again on a wide range of concerns about the 2024 Lok Sabha elections, including your reported unabashed admission to the press before the elections, that you had generously decided not to take action on hate speeches delivered by a few chosen political leaders, especially those delivered by Prime Minister Modi again and again. The Constitution does not permit the Commission to exempt any senior public functionary from the law of the land . By arrogating to yourself such a non-existent authority, you evidently violated your mandate under Article 324 of the Constitution, the provisions of the Representation of the People Act (RPA) and the penal provisions of the then applicable IPC.

In case the Election Commission’s memory is short or blurred, let me invite your attention once again to my numerous letters, which can be readily accessed in the public domain at:

https://countercurrents.org/2024/05/an-appeal-from-an-anguished-citizen-to-the-conscience-of-each-of-the-election-commissioners-to-discharge-their-responsibilities-under-article-324/

https://countercurrents.org/2024/05/election-commissions-inaction-encouraging-star-campaigners-of-bjp-giving-hate-speeches-that-hurt-the-integrity-of-the-society-commission-should-act-urgently

https://countercurrents.org/2024/05/inaction-on-the-part-of-the-commission-adversely-impacts-not-only-the-ensuing-elections-but-also-affects-the-future-of-our-

democracy/https://countercurrents.org/2024/05/election-commissions-silence-inaction-delay-in-response-encouraging-political-parties-star-campaigners-to-violate-the-mcc-and-representation-of-people-act-to-the-detriment-of-social-cohesion

https://countercurrents.org/2024/04/yet-another-prima-facie-violation-of-the-model-code-of-conduct-mcc-by-prime-minister-modi-inaction-by-the-commission-encouraging-star-campaigners-to-defy-the-mcc

https://countercurrents.org/2023/05/prima-facie-violation-of-the-model-code-of-conduct-mcc-by-shri-amit-shah-the-union-home-minister-in-karnataka/?swcfpc=1

https://countercurrents.org/2024/04/does-the-eci-have-one-set-of-model-code-of-conduct-requirements-for-senior-bjp-star-campaigners-and-another-set-for-others

https://countercurrents.org/2024/04/has-the-election-commission-chosen-to-become-a-willing-party-to-bjp-using-religion-for-votes-in-violation-of-the-mcc-and-section-123-of-the-representation-of-the-people-act

https://thewire.in/government/take-expert-opinion-on-evms-safety-implement-safeguards-e-a-s-sarma-to-election-commission

https://countercurrents.org/2024/04/prima-facie-violation-of-the-mcc-by-prime-minister-modi-at-a-recent-rbi-function

https://countercurrents.org/2024/03/shri-modis-statement-invoking-religious-sentiments-in-tamil-nadu-prima-facie-violating-the-model-code-of-conduct-why-is-the-commission-hesitant-to-act

https://countercurrents.org/2024/03/the-eci-should-not-only-freeze-all-amounts-received-by-political-parties-through-the-electoral-bonds-scheme-but-also-force-the-sbi-to-disclose-the-details-immediately-failing-which-the-commission-sho

The fact that the Commission not only refused to exercise its legitimate authority, when required, under Article 324 to maintain the integrity and fairness of elections but also, I am afraid, in almost all instances referred by me, the Commission chose to take the side of the ruling political executive at the Centre, raised serious questions about its neutrality and impartiality.

I wonder whether the affidavits filed by you before the apex court in the series of cases filed on behalf of the civil society were factually correct and in harmony with the Commission’s Constitutional mandate. 

As evident from a recent report released by the Association for Democratic Reforms (ADR) (https://adrindia.org/content/adr-writes-ec-ask-reason-behind-alleged-discrepancy-votes-polled-and-counted-ls-polls-0), there seemed to be serious inconsistencies in the numbers of votes polled in different constituencies and the numbers counted, as follows:

ADR has claimed that there was a discrepancy in the number of votes polled and the number of votes counted in 538 constituencies in the Lok Sabha elections, where the total number of seats in the Lok Sabha is 543.

According to an analysis by the ADR released at a press conference on Monday, the total of 5,54,598 votes counted is less than the votes polled in 362 parliamentary constituencies, while a total of 35,093 votes have been counted in excess of votes polled in 176 constituencies.

The ADR on Thursday wrote to chief election commissioner Rajiv Kumar and election commissioners Gyanesh Kumar and Dr Sukhbir Singh Sandhu, expressing serious concerns over the alleged discrepancies in electronic voting machine (EVM) votes during the 2024 elections.

The letter traces the issue back to 2019, when ADR and Common Cause filed a petition in the Supreme Court of India seeking a directive to the ECI to stop announcing results based on provisional data before a thorough reconciliation. The petition cited the 2019 Lok Sabha elections, where results were announced based on estimated data.

Despite the Supreme Court issuing notices to the ECI and the Union of India in December 2019, no substantial action was taken, ADR said.

The letter calls for immediate action from the ECI to address these discrepancies and ensure public trust in the electoral process. “Each and every vote is important and must be accounted for,” the letter said, urging the ECI to explain the reasons behind the inconsistencies.

ADR has also requested the ECI to inform it of any steps or actions taken in light of the findings. It has emphasised the necessity for the ECI, as a Constitutional body, to uphold the integrity of free and fair elections in India”  

The above discrepancies, which several other election watch bodies have corroborated, are far too serious in nature to be summarily brushed aside. 

If it is indeed a fact that in 362 Parliamentary constituencies, not all the votes polled were counted, and in 176 constituencies, votes counted exceeded the votes polled, it would amount either to an outright, deliberate manipulation by some with the consent of the Commission or sheer incompetence on the part of the Commission to exercise its oversight on the electoral process as required under Article 324. In either case, it calls for the Commission to review the results of the elections as notified earlier and, if necessary, rescind the earlier notifications and re-notify them on the basis of reconciled figures, preferably based on a 100% cross-verification w.r.t  VVPAT count for each constituency. 

I would not be surprised if such a review significantly alters the relative strengths of the different political parties in the Lok Sabha and the consequent changes in the balance of political power at the Centre.

This is a matter on which the Commission can no longer afford to maintain its customary, inexplicable silence, as the public at large feel deeply concerned about the discrepancies brought to light by the ADR and they expect a satisfactory response from the Commission, as it is to them that the Commission should hold itself accountable. The Commission should come forward with all the relevant facts to justify whatever clarification it will provide.

If it is indeed a fact that such discrepancies were there, the Commission should, even at this highly belated hour, come forward and make a public admission of the discrepancies in a forthright manner, review the election results for those constituencies in which discrepancies have been detected and have the courage, honesty and forthrightness to re-notify the election results based on the corrected figures, even if it implies displeasing the powers that be. 

In my view, there is no other alternative to this.


Let me also caution the Commission that it has an undeniable obligation under Article 19 to take the public into confidence on this, no matter what transpired in the past. 

I hope that each one of you will earnestly ponder over the role played by you so far in conducting the 2024 Lok Sabha elections and question yourself on whether you have been able to fulfill the sacred mandate of Article 324 that obligates the Commission to do everything to ensure that elections are conducted in a free and fair manner, because, in Gandhiji’s words, “there is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts“. 

Let me remind you for the umpteenth time that you owe allegiance to the Constitution and no other agency, more particularly to the senior public functionaries of the ruling NDA.

Hope you will act, act fast, in a forthright and honest manner.

Yours sincerely,

E A S Sarma

Former Secretary to the Government of India

Visakhapatnam

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