Tendered Vote: The Shocking Truth About Voter Impersonation and How to Fight It!

A tendered vote in India, governed by Section 49P of the Conduct of Election Rules, 1961, allows a voter to cast a ballot if they find that someone else has already voted in their name. Recent news highlights the importance of this provision in maintaining electoral integrity, as seen in cases like Pune Congress chief Arvind Shinde’s use of a tendered vote during the 2024 Lok Sabha polls to address voter impersonation.

What is a Tendered Vote?

• A tendered vote is defined under Section 49P of the Conduct of Election Rules, 1961. It allows a voter to cast a ballot if they find that someone else has already voted in their name. This provision ensures that the voter can still exercise their franchise despite the impersonation.

Procedure for Casting a Tendered Vote

• Identification of Issue:
  • When a voter arrives at the polling station and discovers that their vote has already been cast by someone else, they must immediately inform the presiding officer about the issue.
• Verification of Identity:
  • The presiding officer will then verify the voter’s identity. This involves the voter answering questions and presenting identification documents such as a voter ID or voter slip to confirm their identity.
  • If the presiding officer is satisfied with the voter’s identity, the voter is allowed to proceed with casting a tendered vote.
• Issuance of Tendered Ballot Paper:
  • The voter is provided with a tendered ballot paper, which is different from the regular ballot paper. This special ballot paper is marked with the words “Tendered Ballot Paper” to distinguish it from other votes.
  • The voter must fill out Form 17B, which records the details of the tendered vote.
• Casting the Vote:
  • The voter marks their choice on the tendered ballot paper in a private voting compartment. This ensures the secrecy of their vote.
  • Instead of placing the tendered ballot paper in the ballot box, the voter hands it back to the presiding officer.
• Sealing and Recording:
  • The presiding officer seals the tendered ballot paper in a special cover to ensure it is kept separate from the regular votes.
  • The details of the tendered vote, including the voter’s information, are recorded in a separate list (Form 17B). This helps maintain accurate records and facilitates any subsequent legal or administrative review.
• Handling of Tendered Votes:
  • Tendered votes are not included in the main vote count. They are only considered if the margin of victory is narrow and the number of tendered votes could potentially affect the election outcome.
  • In such cases, the losing candidate can approach the court to request the inclusion of tendered votes in the final tally.

Counting and Consideration of Tendered Votes

• Initial Handling:
  • Separation from Regular Votes: Tendered votes are kept separate from regular votes. They are sealed in a special cover by the presiding officer and are not included in the initial count of votes.
  • Documentation: The details of each tendered vote, including the voter’s information and the serial number of the tendered ballot paper, are recorded in a separate list (Form 17B).
• Conditions for Counting:
  • Judicial Oversight: Tendered votes are typically not counted unless directed by a court. If the margin of victory is narrow and the number of tendered votes could potentially affect the election outcome, a candidate may petition the court to include these votes in the final tally.
  • High Court or Supreme Court Orders: The inclusion of tendered votes in the final count is usually ordered by a High Court or the Supreme Court, ensuring that these votes are only considered in situations where they could impact the election result.
• Counting Process:
  • Verification: Before counting, the tendered votes are verified to ensure they were cast according to the rules. This includes checking the voter’s identity and the proper recording of the vote in Form 17B.
  • Counting Procedure: If the court orders the counting of tendered votes, they are counted separately from the regular votes. The results are then added to the overall tally to determine the final outcome.
• Impact on Election Results:
  • Narrow Margins: Tendered votes are particularly significant in elections with narrow margins. For instance, in the Rajasthan Assembly Elections of 2008, the inclusion of tendered votes led to a tie, which was resolved by a draw.
  • Legal Precedents: Various legal cases have set precedents for the consideration of tendered votes, emphasizing their importance in ensuring the accuracy and fairness of election results.
• Transparency and Accountability:
  • Record Keeping: The meticulous recording and separate handling of tendered votes enhance the transparency and accountability of the electoral process. This ensures that any issues of impersonation or fraud are properly addressed.
  • Public Confidence: The provision for tendered votes and their careful consideration in close elections help maintain public confidence in the electoral system, demonstrating the commitment to free and fair elections.

Importance of Tendered Votes

• Upholding Electoral Integrity:
  • Prevention of Voter Impersonation: Tendered votes play a crucial role in preventing voter impersonation. When a voter finds that someone else has already cast a vote in their name, they can still exercise their right to vote through a tendered ballot, ensuring that their vote is not lost due to fraudulent activities.
  • Ensuring Fair Elections: By allowing genuine voters to cast their votes even in cases of impersonation, tendered votes help maintain the fairness and transparency of the electoral process. This mechanism ensures that every eligible voter has the opportunity to participate in the election, thereby upholding the democratic principle of one person, one vote.
• Legal and Judicial Considerations:
  • Judicial Oversight: Tendered votes are often considered in legal disputes, especially when the margin of victory is narrow. Courts may order the counting of tendered votes if they are likely to affect the election outcome, ensuring that the final result reflects the true will of the electorate.
  • High Court Directions: According to judicial precedents, tendered votes are taken into account only on the direction of a High Court or Supreme Court. This legal oversight ensures that tendered votes are used appropriately and only in situations where they can impact the election results.
• Enhancing Voter Confidence:
  • Building Trust in the Electoral System: The provision for tendered votes enhances voter confidence in the electoral system. Knowing that there is a mechanism to address impersonation and other irregularities reassures voters that their rights are protected and that the election process is robust and reliable.
  • Transparency and Accountability: Tendered votes contribute to the overall transparency and accountability of elections. By providing a clear and documented process for handling cases of impersonation, the Election Commission of India (ECI) demonstrates its commitment to conducting free and fair elections.
• Practical Implications:
  • Separate Ballot Handling: Tendered votes are cast on special ballot papers and kept separately from regular votes. This ensures that they are easily identifiable and can be reviewed if necessary, without disrupting the main counting process.
  • Record Keeping: The details of voters who cast tendered votes are meticulously recorded in a separate list (Form 17B), which helps maintain accurate records and facilitates any subsequent legal or administrative review.

Controversies and Challenges

• Misinformation and Viral Messages:
  • The spread of misinformation regarding the ‘challenge vote’ and ‘tender vote’ has been a significant issue, especially with viral WhatsApp messages misleading voters about their rights and the voting process.
  • Claims about a ‘challenge vote’ allowing voters not listed in the electoral roll to vote, and repolling in cases where more than 14% tender votes are recorded, have been widely circulated but are false.
• Clarification by Election Authorities:
  • The Election Commission of India (ECI) and other election authorities have had to step in to clarify and debunk these false claims. For instance, the CEO of Odisha termed the viral messages as fake, emphasizing the importance of accurate information.
  • The ECI has clarified that there is no provision for a ‘challenge vote’ as described in the viral messages, and repolling due to a high percentage of tender votes is not a rule.
• Challenges in Voter Awareness:
  • These incidents highlight the challenges in ensuring voter awareness and the need for accurate information dissemination. Misinformation can create confusion among voters and potentially impact voter turnout and trust in the electoral process.
  • The ECI and other bodies have undertaken efforts to educate voters and combat misinformation, but the persistence of such viral messages indicates ongoing challenges in this area.
• Legal and Procedural Misunderstandings:
  • Misunderstandings about the legal and procedural aspects of tendered votes and challenged votes have contributed to the spread of misinformation. For example, the confusion between ‘challenge vote’ and ‘challenged vote’ indicates a lack of clarity among the public about electoral procedures.
  • The Conduct of Election Rules, 1961, clearly outlines the procedures for tendered votes and challenged votes, but the misinterpretation of these rules in social media posts has led to widespread confusion.
• Efforts to Combat Misinformation:
  • Various fact-checking organizations and news outlets have taken steps to address and debunk the misinformation surrounding tendered and challenged votes.
  • Despite these efforts, the rapid spread of false information through social media platforms poses a significant challenge to maintaining an informed electorate and ensuring the integrity of the electoral process.

Difference between Tendered Votes and Challenged Votes

In essence, tendered votes are a mechanism to protect the voting rights of genuine voters in cases of impersonation, while challenged votes involve questioning the eligibility of a voter by a polling agent, leading to a summary inquiry by the presiding officer.

Safeguards and Reforms

• Measures by the Election Commission of India (ECI):
  • The ECI has taken steps to prevent misuse of tendered votes by issuing clear guidelines and instructions to election officials.
  • The ECI has directed that tendered votes should only be considered on the direction of a High Court or Supreme Court, ensuring legal oversight and preventing arbitrary inclusion.
  • Strict record-keeping and documentation requirements, such as maintaining a separate list (Form 17B) for tendered votes, enhance transparency and accountability.
• Proposed Reforms:
  • The Law Commission of India, in its reports 244 and 255, recommended strengthening the ECI to provide more independence and authority in handling electoral processes, including tendered votes.
  • Suggestions have been made to introduce a comprehensive legislation to regulate political funding and campaign expenditures, which could indirectly address issues related to voter impersonation and the need for tendered votes.
  • Proposals for continuous evaluation and adaptation of electoral processes, including the handling of tendered votes, to address any challenges or shortcomings.
• Public Awareness and Education:
  • Efforts have been made by the ECI and other bodies to educate voters about the purpose and proper use of tendered votes, as well as to combat misinformation and false claims surrounding the process.
  • Emphasis on transparency and clear communication from election authorities to build public trust and confidence in the electoral system.
• Legal and Judicial Oversight:
  • The judiciary, through various court rulings and precedents, has provided guidance on the appropriate consideration of tendered votes, particularly in close electoral contests.
  • Judicial oversight acts as a safeguard against arbitrary or improper handling of tendered votes, ensuring adherence to legal principles and fairness.
• Continuous Improvement:
  • Recognition of the need for ongoing review and improvement of electoral processes, including the handling of tendered votes, to address emerging challenges and maintain the integrity of the system.
  • Openness to reforms and recommendations from various stakeholders, such as the Law Commission of India and other bodies, to enhance the effectiveness of the tendered vote process.

Conclusion

In conclusion, tendered votes are a crucial mechanism in India’s electoral process, ensuring that voters can exercise their right even in cases of impersonation. Despite challenges such as misinformation and procedural misunderstandings, the Election Commission of India has implemented safeguards and continues to propose reforms to enhance transparency and integrity. Judicial oversight and public awareness efforts further bolster the effectiveness of tendered votes, maintaining trust in the democratic system.

Practice Question

What measures can be taken to prevent misuse and ensure proper handling of tendered votes in Indian elections? (250 words)

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