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EC orders re-poll in 73 booths, allegations of malfunctioning EVMs mar by-polls

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EC orders re-poll in 73 booths, allegations of malfunctioning EVMs mar by-polls

The Election Commission claimed that complaints were exaggerated

In a scenario where every seat counts, every election is seen as an indicator of public mood, the keenly watched by-polls in four Lok Sabha and nine assembly constituencies on Monday once again witnessed the ruling parties and opposition trade barbs as allegations of EVM malfunctioning marred polling in a number of seats on Monday.

Complaints came from nearly everywhere, but most were from the more crucial or sensitive states of Uttar Pradesh and Maharashtra. Even when the voting was underway, opposition parties and the ruling BJP moved the EC in the national capital claiming that “hundreds” of EVMs and paper trail machines deployed for Kairana and Noorpur bypolls developed snags and were not replaced for hours.

The most serious charges came from Kairana Lok Sabha constituency, where EC decided to hold repoll in 73 polling booths. The Rashtriya Lok Dal (RLD) alleged that electronic voting machines (EVMs) have been tampered with in Dalit and Muslim dominated areas during the bypolls in Kairana.

RLD candidate in Kairana Tabassum Hasan shot a letter to the Election Commission alleging that EVMs and VVPATs were deliberately tampered with and no action has been initiated to fix them. The complaint pertains to EVM tampering and malfunctions being reported from different localities of five Assembly segments of the parliamentary constituency. According to Tabassum, 18 booths in Shamli, 11 booths in Kairana and 21 booths in Gangoh Assembly constituency faced issues related to EVM malfunctioning.

Tabassum told news agency ANI, EVMs are being tampered everywhere and faulty machines haven’t been replaced in the Muslim- and Dalit-dominated areas.

“I’ve been continuously receiving complaints. They didn’t expect so many ppl to come out to vote in Ramzan. Initial strategy was to hold elections in Ramzan so that ppl won’t vote,” she said.

Tabassum Hassan, Rashtriya Lok Dal candidate for the Kairana Lok Sabha seat, wrote to the Election Commission alleging voting machines and paper trail devices developed snags at more than 150 of the 941 booths just after polling started at 7am.

“It cannot be a coincidence that the machines are not working where there is a substantial turnout of Muslim and Dalit voters. I handed a written complaint to the poll panel but nothing has been done though several hours have passed,” she told reporters.

The RLD – supported by Samajwadi Party and BSP – is in direct contest with the incumbent BJP. The election on Kairana Lok Sabha seat was necessitated due to the death of BJP MP Hukum Singh. His daughter Mriganka Singh is taking on Begum in the bypoll.

Speaking to Outlook, RLD’s organisation secretary for Uttar Pradesh, Rajkumar Sangwan said EVMs are found faulty in over 250 booths. “The Muslims, who are fasting on Ramzan, are standing on the queue for over three hours due to faulty EVMs and the district administration is not taking any action to fix them,” he said.

Naeemul Hasan, Samajwadi Party candidate for the Noorpur Assembly seat, also complained about EVMs, saying the paper trail machines were non-functional at 113 of the 351 booths.

Hitting out at the faulty EVMs, Samajwadi Party’s Rajendra Chaudhary said, “There are reports that in Noorpur 140 EVMs are faulty, which is because they’ve been tampered, there are similar reports from Kairana. They (BJP) want to avenge defeat in Phulpur & Gorakhpur, which is why they want to defeat us at any cost,” he was quoted as saying by ANI.

“Thousands of EVMs are not working. Thirsty and hungry farmers, labourers, women and youths are standing in queues in the scorching sun,” SP national president Akhilesh Yadav tweeted during the polling.

In Maharashtra, voting in 35 booths of Maharashtra Bhandara–Gondiya Lok Sabha seat was temporarily suspended due to complaints of faulty EVMs. “Voting temporarily suspended for now at 35 polling booths due to faulty Electronic Voting Machines (EVM),” District Magistrate Abhimanyu Kale was quoted as saying.

Media reports said amid Opposition’s allegations of nearly 25 per cent EVMs being used in the bypoll in the Bhandara-Gondiya parliamentary constituency on Monday were malfunctioning, the Election Commission said all defective machines were been replaced.

However, calling the reports of largescale voting machine malfunction “an exaggeration”, the Election Commission  said the “severe heat conditions” were interfering with the machines.

The EC said reports of ‘large-scale’ failure of EVMs were “exaggerated projection of reality” even as complaints mounted about problems with machines, including in Uttar Pradesh’s Kairana, where BJP is trying to retain the Lok Sabha seat against a united Opposition in a communally-charged election.

Media reports said the poll panel blamed inept handling of the paper-trail machines for votes by the ground staff, especially when the temperature is high, for malfunctioning in some areas. District magistrate of Shamli district says that VVPAT machines had problems and not EVMs.

Not satisfied, Congress leader Ghulam Nabi Azad urged political parties to come together and boycott use of EVMs, alleging that faults were being “purposely generated” in EVMs.

He claimed the new machines used to replace the faulty ones already had polled votes. Azad, who was in Maharashtra for an iftar party at the Congress state headquarters, claimed the BJP was banking on “theft” of votes. He said he was saddened that even the EC has not taken any action.

Tehseen Poonawalla, writing in Time of India (TOI), questioned the EC’s stand on EVMs. He said “the ECI now admits that EVMS can be hacked , totally contradictory to its earlier stand , but rules out the possibility, citing that it is impossible to lay hands on the EVMs.”

Raising doubts about the dependability of EVMs, he said that EC reply to various RTI applications revealed several theft of EVMs particularly from BJP ruled states.

To add to this the ECI has no records of technicians from the 2 PSUs BHEL & ECIL ( Electronics Corporation of India Limited ) who are engaged in maintenance of the machines. Moreover , there exists no records of how many technicians from the 2PSUs who were earlier engaged with maintenance of EVMs have left their service since the 1st generation of EVMs were introduced and have since now taken up private employment.

During the general elections, he added , ECI engages several private technicians to service the approx 8lacs EVMs ( 5 laga in use). However no records exists about these people, if whether these technicians are late engaged by any political organization.

Casting doubts on the way Voter Verified Paper Audit Trail (VVPAT)  is used, he said it is meant to show voters that their votes went to the candidate they desired to vote for. But the paper used in VVPAT is thermal paper and the ink disappears in about 4 months. Also on the paper trail, there exists no barcode or numbering to tally the votes. Therefore, in several cases, despite VVPAT , votes in the machine & paper trail did not tally .

Finally, he said, the ECI says that it is not possible to tamper and manipulate every single EVM. However , all EVMs need not be hacked since, on an average, most assembly elections are won or lost by a near margin of < 10,000 votes. So only a few EVMs needs to be manipulated to alter the results, he said.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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