India’s Election Law Framework: Handling Polling Disruptions for Fair and Transparent Elections

April 29, 2024

GS Paper II Indian Polity and Governance

Context

The Election Commission of India (EC) invoked Sections 58(2) and 58A(2) of the Representation of People Act, 1951 (RPA) to annul the elections held on April 19 in 11 polling stations in Manipur and 8 polling stations in Arunachal Pradesh.

Ensuring Fair Elections: Framework for Handling Polling Disruptions in India

Framework for Addressing Disruptions in the Polling Process: India’s election laws provide a framework for handling situations where the normal polling process is disrupted for any reason, including damage to EVMs, booth-capturing, natural disasters, or a candidate’s death.
The provisions for repolls, adjournments, and the voiding of polls ensure that the democratic process remains fair, transparent, and uninterrupted.

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Various Disruptions in the Polling Process and Available Choices for the EC

Disruptions	Definition as per RPA	Available Choices
Intentional destruction, taking away of EVMs	Under Section 58 of the RPA, the EC can declare the poll at a polling station to be void if: an unauthorized person has unlawfully taken away any EVM any EVM has been accidentally or intentionally destroyed, or lost, or damaged, or tampered with a mechanical failure develops in any EVM during the recording of votes.	The Returning Officer (RO) immediately informs the EC and the Chief Electoral Officer of the state about the relevant facts and material circumstances, after considering which, the EC can declare the poll void and formally fix the date and time for a new poll. The contesting candidates or their election agents are then informed, in writing. A notice is also posted in public places along with an announcement by the beat of the drum in the polling area to inform the voters. All electors will be allowed to vote at the fresh poll. During the repoll, the voters’ left middle fingers are inked to distinguish between the mark made during the original poll (on their left forefinger).
Booth capturing	Booth-capturing, defined in Section135A of the RPA, includes: seizure of a polling station, affecting the conduct of elections; taking possession of a polling station, allowing only his or their supporters to vote; intimidating or threatening any elector and preventing him from going to the polling station seizure of a counting place affecting the counting of votes involvement of any person in government service in any of the above activities. Booth capturing is punishable for a term of not less than one year, which may extend to three years for lay people, and not less than three years, extending to five years for government servants.	Under Section 58A, in case booth capturing has taken place at a polling Station, the Presiding Officer of a polling station immediately closes the Control Unit of EVM and detaches the Ballot Unit(s) from the Control Unit under Rule 49X of the Conduct of Election Rules, 1961. He then informs the RO, who reports the full facts to the EC through the fastest means of communication. The EC, based on the material facts, may declare the poll at that polling station to be void and direct a fresh poll on a new date. countermand the election in the constituency in case booth capturing has taken place in a large number of polling stations, or if it has affected the counting of votes.
Natural disasters, other disruptions to polling	The Presiding Officer of a polling station can adjourn the poll under section 57(1) of the RPA in case of: a natural calamity like a flood, a severe storm. non-receipt or loss or damage to essential polling materials like EVM, electoral roll etc; interruption or obstruction due to any riot or, open violence; non-arrival of the polling party due to obstruction or any other serious difficulty. non-commencement of the poll within two hours from the scheduled time due to malfunctioning of EVM, or any other reason.	After seeking the EC’s approval on the date and hours, the adjourned poll will recommence from the stage at which it was left immediately before the adjournment. Contesting candidates or their agents are informed, and only electors who have not already voted before the poll was adjourned are permitted to vote.
Death of a candidate	If the candidate with a valid nomination dies at any time after 11.00 a.m. on the last date for making nominations, until the commencement of the poll.	As per Section 52 of RPA, amended in 1996, the poll shall be adjourned only in case of the death of a recognised political party’s candidate. The RO reports the fact to the EC and orders the adjournment of the poll to a date to be notified later by the EC. The EC then calls upon the concerned political party to nominate another candidate.

India’s Election Law Framework: Representation of the People Act (RPA) 1951

It provides for the conduct of elections to the houses of parliament and the legislatures of each state, corrupt practices, and other offenses taking place at or in connection with the elections.

Important Provisions of the Representation of the People Act, 1951:
- Regulates the actual conduct of elections and by-elections.
- Provides administrative machinery for conducting elections.
- Deals with the registration of political parties.
- Specifies the qualifications and disqualifications for membership of the Houses.
- Provides provisions to curb corrupt practices and other offences.
- Lays down the procedure for settling doubts and disputes arising out of elections

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Differences Between RPA 1950 and RPA 1951:

RPA, 1950	RPA, 1951
The allocation of seats in, and the delimitation of constituencies for the purpose of election to the Lok Sabha and the Legislatures of States;	Methodology for the conduct of elections of the Houses of Parliament and to the Lok Sabha and the Legislature of each State;
Qualification of voters at such elections.	Qualifications and disqualifications for membership of those Houses.
Methodology of preparation of electoral rolls	Corrupt practices and other offences at or in connection with such elections.
Manner of filling seats in the Council of States	Decision on doubts and disputes arising out of or in connection with elections.

Also Read: EVM VVPAT Verification Case

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