The Election Commission of India’s (ECI) response to allegations of voter manipulation has been consistent – denial and seeking statements under oath from those raising the allegations. Days after asking Leader of Opposition in Lok Sabha Rahul Gandhi to prove the charges through a declaration under oath, the ECI has served a similar notice to former Kerala Minister VS Sunil Kumar. Both Rahul and Sunil raised concerns of discrepancies in electoral rolls through the media on August 7 and 9 respectively.

Instead of a point-by-point rebuttal, explanation, or suo motu inquiry, the ECI has asked the politicians to submit oaths under section 20 (3)(b) of the Registration of Electors Rules.

Rejecting the EC’s demand to prove his allegations with a statement, Rahul Gandhi said, “I’m a politician. What I say to the people is my word. I am saying it publicly. Take it as an oath.”

On the other hand, Sunil Kumar, the Communist Party of India (CPI) leader who lost the Thrissur Lok Sabha seat to Bharatiya Janata Party’s (BJP) Suresh Gopi, told TNM that he was planning to file a declaration under oath with all evidence he has collected. However, Sunil said that the EC’s response was meant to intimidate complainants.

While Rahul alleged massive rigging in the Mahadevapura Assembly segment under the Bangalore Central Lok Sabha constituency, Sunil had raised concerns of manipulation in the voters list in the Thrissur constituency, which favoured the BJP for the first time in the history of Kerala.

Declaration under oath mandatory?

The EC notice was issued based on Section 20 of the Registration of Electors Rules, which deals with inquiry into claims and objections. “The registration officer may in his discretion require that the evidence tendered by any person shall be given on oath and administer an oath for the purpose,” says 3(b) under this section. The rule also says that claims and objections against draft rolls should be lodged within a period of 30 days from its date of publication.

The EC’s notice also mentions that giving false evidence is punishable under Section 227 of the Bharatiya Nyaya Sanhita.

PDT Achary, former Secretary General of the Lok Sabha and an expert on the Constitution, said that Section 20 of the Rules applies only at the stage before the finalisation of the electoral rolls. “When claims and objections are raised following publication of draft rolls, the EC can ask for a statement under oath. The rule clearly says that is at the discretion of the electoral officer. However, any citizen can raise an objection against the electoral roll at any point of time. In such cases, the ECI is responsible for giving an explanation,” he said.

“There might not be any specific rule that mandates an explanation from the EC. However, it is inherent under Article 324 of the Constitution. Failing to explain it to the public goes against the spirit of democracy,” Achary said.

Journalist Poonam Agarwal said that the ECI could have responded more effectively than simply following the rulebook. “They could have either provided a rebuttal with evidence or requested evidence from the LoP and announced that they would look into the matter.  Bringing this under oath is delaying the whole process. EC could have immediately looked into the allegations and cleared doubts,” she said.

Poonam asked how feasible it was to ask Rahul to file claims and objections regarding over 1 lakh voters. 

“People can approach the EC regarding discrepancies in information regarding themselves or their families in the rolls and submit information under oath. However, when there are huge discrepancies in voter lists, it would be unfair to ask the person, in this case the LoP, to submit it under oath. Moreover, the notice also mentions that criminal proceedings can be also initiated if there are any gaps or lacunae in the evidence. This is an unjust demand from the ECI,” she added.

‘Not normal procedure’

Teeka Ram Meena, former Chief Electoral Officer of Kerala who joined the Congress post retirement, said that it was not normal procedure to ask politicians to submit statements under oath.

“In a democratic country, any citizen has the right to question a constitutional authority. When a responsible leader raises a doubt, the ECI should take some corrective measures. Instead of serving notice, the ECI can invite the person concerned to submit evidence. The person who raised the allegation too has a responsibility to produce supporting documents,” he said.

“Rather than intimidating people by asking for statements under oath, the ECI can ask for supporting documents and conduct a probe,” Meena added.

He, however, said that political parties do get ample opportunities to challenge draft electoral rolls. “Booth level agents appointed by recognised political parties are advised to accompany booth level officers during house visits to ensure voters’ presence. Political parties have to be alert and help BLOs to add or delete names. The parties get one month’s time to challenge issues in the draft roll. It is their fault if parties fail to utilise these opportunities,” he said.

‘EC’s act an intimidation’

CPI’s Sunil Kumar said that he has decided to file the statement under oath after taking legal advice. “This is the second notice served to me by the EC. In the first notice, the EC said that I haven’t filed any complaint and so the allegations are ungrounded. The EC also accused me of not using the option to file a petition in the High Court. All of these are untrue. On behalf of me, Binoy Shabeer, who was in charge of my poll campaign, had filed a petition with the EC and the Kerala HC (Election petition 1/2024). The EC has hastily served me a notice based on my press conference. Why is it not equally eager to initiate a suo motu inquiry into all the allegations reported in the media?” he said.

The CPI leader said that it was truly undemocratic to say that action could be taken only on the basis of a statement. “People are being intimidated by the ECI with criminal cases. Such a move by a constitutional body is a threat to the transparency of the election process,” he added.

This report was republished from The News Minute as part of The News Minute-Newslaundry alliance. Read about our partnership here and become a subscriber here.