COUNTING OF VOTES

Counting of votes to Legislative Council from Graduates' , Teachers' and Local Authorities' constituencies.

Election Commission's letter No. 576/3/96/J.S.-II dated 4th May, 1996 addressed to the Chief Electoral Officers of Andhra Pradesh, Hyderabad, Karnataka, Bangalore, Tamil Nadu, Madras
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Subject:- Arrangements for polling agents and counting agents at elections in 41-Nalgonda Parliamentary Constituency (Andhra Pradesh), 25-Belgaum Parliamentary Constituency (Karnataka) and 118-Modakurichi Assembly Constituency (Tamil Nadu)-Reg.

I am directed to state that in view of the abnormally high number of contesting candidates in the above mentioned constituencies, some special arrangement have to be made for regulating the presence of polling agents and counting agents of those candidates at the polling stations and counting centres provided for these constituencies.

2. The Commission has indicated in para 9 (iii) of its letter no. 3/ER/94/-J.S.-II, dated 27th April, 1994, the guidelines for the seating arrangements for polling agents at the polling stations. Similar guidelines in regard to the seating arrangements for counting agents in counting halls are available in para 9(iv) of that letter.

3. It is a well know fact that neither the polling stations nor the counting halls will be so big and specious enough to accommodate polling agents and counting agents of all the candidates. Considering these practical difficulties, some practical solution has to be found out which should give a fair and reasonable opportunity to all candidates and their agents to observe the polling process at the polling stations and counting processes in the counting hall. It is a well accepted principle that an extraordinary situation warrants an extraordinary solution. Therefore, certain special steps have to be taken to regulate the presence of polling agents and counting agents in polling stations and counting halls, as far as possible in conformity with the law and having regard to the practical considerations and ground realities of the situation.

4.The Supreme Court has laid down in the case of Mohinder Singh Gill Vs, Chief Election Commissioner and others (AIR 1974 SC 851) as follows:

"Since the conduct of all elections to the various legislative bodies and to the offices of the President and the vice President is vested in Article 324(1) in the Election Commission, the framers of the Constitution took care to leaving scope for exercise of residuary power by the Commission in its own right, as a creature of the Constitution, in the infinite variety of situations that may emerge from time to time in such a large democracy as ours. Every contingency could not be foreseen, or anticipated with precision. That is why there is no hedging in Article 324. The Commission may be required to cope with some situation which may not be provided for in the enacted laws and the rules. That seems to be raison d'être for the opening clause in Articles 327 and 328 which leaves the exercise of powers under Article 324 operative and effective when it is reasonably called for in a vacuous area.

5. Taking into account the totality of the situation, the Election Commission, in exercise of its powers under Article 324 of the Constitution and having regard to the provisions of sections 20, 24 and 46 to 51 of the Representation of the People Act, 1951 and Rules 13, 14 and 52 of the Conduct of Election Rules, 1961, hereby directs that the Returning Officers of the above mentioned three constituencies shall, in consultation with the Chief Electoral Officer of the State, so regulate the presence of polling agents and counting agents in the polling stations and counting halls that the interests of all candidates are properly watched. For that purpose, the following stipulations will, among other things depending upon the local conditions, be observed:-

(1) Polling agents and counting agents of candidates set up by the recognised National and State parties must be given the usual facilities as are mentioned in Commission's letter No. 3/ER/94-J.S.II, dated 27th April, 1994, referred to in para 2 hereinabove.

(2) The polling agents and counting agents of the remaining candidates will be allowed to remain present in the polling station/counting hall for a specified pre-determined time, say, one hour, by rotation.

6. The above direction of the Commission may be brought to the notice of the Returning Officers and other election authorities concerned in the matter for their information, guidelines and compliance.

7. These direction may also be given wide publicity for the benefit of candidates and their agents.

8. Kindly acknowledge receipt.



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