New Delhi: Following the culmination of voting on June 1st, the tallying of votes will commence at 8 am on June 4th and persist until all ballots from 543 constituencies are accounted for by the Election Commission.
The Election Commission of India (ECI) oversees the electoral process, employing Electronic Voting Machines (EVMs). Additionally, for the 2024 general elections, the ECI has introduced a voting mechanism allowing individuals aged 85 and above, as well as those with disabilities meeting a 40 percent criterion, to cast their votes from their residences through postal ballots.
A comprehensive framework for the vote-counting process has been formulated in alignment with electoral regulations. Based on these stipulations, the Election Commission has compiled a dedicated manual for officials involved in the vote-tallying process.
Regulations for Tallying
As delineated in the manual issued by the Election Commission for electoral purposes, the tallying of votes is governed by Rule 66A of the Conduct of Elections Rules, 1961, as introduced by the Conduct of Elections (Amendment) Rules, 1992.
Under Rule 66A, the stipulations of rules 50 to 54 concerning the timing and location of vote tallying, the appointment and removal of counting agents, access to the tallying venue, and the maintenance of voting confidentiality are applicable, echoing their applicability in constituencies utilizing the traditional ballot paper and ballot box system. Furthermore, Rule 54A, which addresses the tallying of postal ballot papers, is also extended to constituencies utilizing voting machines, given the similarity in the postal voting process.
Rule 66A introduces three new regulations: Rules 55C, 56C, and 57C. These regulations encompass the scrutiny and examination of voting machines prior to tallying, the actual vote tallying process recorded in the voting machines, and the sealing of voting machines following the tallying process.
The manual also elucidates that to obviate any ambiguity or uncertainty, the aforementioned amendment regulations stipulate that rules 60 to 66 (which cover continuous tallying, recommencement of tallying after a fresh poll, recount of votes, declaration of election results, tallying at multiple locations, and issuance of election certificates to successful candidates) shall also be applicable to voting via voting machines. Additionally, any mention of a “ballot paper” in those regulations shall be construed as including a mention of the voting machine.
Tallying Procedure
As per the regulations, the responsibility for tallying votes lies with 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 vested with legal authority to oversee the tallying process. If the Returning Officer has been tasked with multiple Parliamentary or Assembly constituencies, their Assistant Returning Officers can conduct the tallying of votes for individual Assembly segments separately.
In accordance with Rule 51 of the Conduct of Elections Rules, 1961, the Returning Officer must notify each contesting candidate or their Election Agent in writing, at least one week before the polling date, of the date, time, and location for tallying of votes, including any special arrangements for tallying tables.
As per the ECI’s Handbook, the tallying of votes will transpire at Tallying Centers, which may encompass one or more Tallying Halls. Ideally, these centers should be situated at District headquarters, although in exceptional circumstances, they may be positioned at Sub-Division headquarters.
For Lok Sabha elections, it is preferable for all Assembly segments (ASs) within a Parliamentary constituency (PC) to be tallied 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 tallied separately, particularly if the Parliamentary constituency spans multiple districts. Each Tallying Center and Tallying Hall will be assigned a unique identification number.
In general, each Tallying Hall should house between 7 and 14 tallying tables for the Control Unit (CU) of the EVM, along with an additional table designated for tallying postal ballots. Any deviation from this prescribed number of tables requires explicit approval from the Commission via the Chief Electoral Officer, who must address this aspect explicitly in the report or recommendation. Additionally, each hall should be designated for tallying votes from only one Assembly constituency or Assembly segment at any given time.
For the simultaneous tallying of votes in Lok Sabha and Assembly elections, different scenarios concerning 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 Tallying Halls for the Lok Sabha and Legislative Assembly are available, they can be utilized for both the AC and AS tallying. In this scenario, the Returning Officers for the AC/AS and Assistant Returning Officers may conduct the tallying for the Assembly Segment, while the Assistant Returning Officer of the AC may oversee the Assembly constituency tallying.
b) In the absence of separate halls, half of the tallying tables in a single hall are designated for the PC and half for the AC. Tallying 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 regions like Odisha where both Parliamentary and Assembly elections are occurring concurrently, they partition the tallying area. The first seven tables are for tallying Assembly election votes, and the others are for the Parliamentary seats.
Tallying tables are positioned against a barricade of woodblock and wire mesh, behind which Tallying Agents sit or stand. They are prevented from physically accessing the CU/VVPAT or Postal Ballots but must have an unobstructed view. Adequate signage guides tallying staff, candidates, Tallying Agents, and media personnel.
Each Tallying Hall has a large blackboard, whiteboard, or TV displaying candidates’ names and round numbers. Round results are inscribed/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 tallying table, including those for Postal Ballots, has one Micro Observer (not below group ‘C’ officials). The Observer trains the Micro Observer, who ensures the integrity of the tallying process.
Eligibility of Tallying Agent
As per the ECI, the law does not specify any qualifications for a person to be appointed as a Tallying Agent. However, candidates are advised to appoint individuals aged 18 years and above as their Tallying Agents to ensure proper representation during the vote-tallying process.
Each candidate is allowed to appoint as many tallying agents as there are tallying tables, including tables designated for the tallying of postal ballots in their constituency. Additionally, the candidate can appoint one more tallying agent to observe the tallying process at the Returning Officer’s table in their absence or the absence of their election agent.