Tendered votes are not counted during normal counting process.

Several Facebook users are sharing posts citing few sections of electoral conduct rules. These posts are currently going viral across all social media platforms . Let’s try to analyze the claims made in these posts.

The archived version of the post can be seen here.

Claim 1: If your name is not in voter list, just show your Aadhar card or voter ID and ask for ” challenge vote” under section 49A and cast your vote.

Fact: Section 49A deals with Design of EVM and a voter cannot cast his vote if his/her name is not in voter list (electoral roll). Hence, the claim is FALSE.

All the rules pertaining to voting are available in the manual on ‘THE CONDUCT OF ELECTIONS RULES, 1961’. The Conduct of Election (Amendment) Rules, 2013 can also be accessed from the ECI website. One can search for 49A and observe that this section deals with the Design of EVM and does not provide any information about challenging your vote if the person’s name is not in the voter list.

The Handbook for Presiding Officers mentions about Challenged Vote. Challenged vote is where the polling agents challenge the identity of an elector and the presiding officer will hold an inquiry into the challenge.

So a person cannot vote if his name is not in the electoral roll except in a few cases which can be found in the Handbook for Presiding Officers. Hence the claim about Challenge Vote and 49A section is False.

Claim 2: If you find that someone has already cast your vote, then ask for “tender vote” and cast your vote.

Fact: As per Section 49P of THE CONDUCT OF ELECTIONS RULES, 1961 a particular elector may cast a tendered ballot paper vote if another person has already voted as such elector, after satisfactorily answering few questions by the presiding officer. Hence, the claim is TRUE.

Section 49P of THE CONDUCT OF ELECTIONS RULES, 1961 mention that a person whose vote has already been cast by another person may be asked to cast his vote through tendered ballot paper after satisfactorily answering few questions by the presiding officer, but not through the balloting unit. Hence the claim about casting vote through Tendered Vote is True.

Claim 3: If any polling booth records more than 14% tender votes, repolling will be conducted in such poling booth.

Fact: Tendered votes will only be counted on the directions of a High Court. They are not counted in the normal counting process. Hence, the claim is FALSE.

Section 56 of THE CONDUCT OF ELECTIONS RULES, 1961 talks about the counting of votes which states that tendered votes are not counted during the normal counting process and they would remain sealed. There is no mention of repolling if polling booth records more than 14% tender votes. Tendered votes will only be counted on the directions of a High Court. Hence the claim about repolling if if polling booth records more than 14% tender votes is False.