Source: Times of India 

Introduction 

India earned Elon Musk's praise on X for its impressive feat of counting 640 million votes in a single day during elections. The Conduct of Elections Rules 1961, specifically Rule 54 A, provides the systematic procedure for counting votes in Indian elections. It establishes a structured process beginning with postal ballots at the Returning Officer's table, followed by EVM counting after 30 minutes. The rules ensure transparency and accuracy through various verification steps involving Control Units, VVPAT slips, and mandatory documentation in prescribed forms like Form 17C and Form 20. 

The Election Commission of India's efficient electoral system has garnered widespread admiration for its ability to manage such large-scale vote counting with speed and accuracy. 

What are the Guidelines and Procedures for Conducting the Counting of Votes in Elections? 

• The Returning Officer  (RO) must inform candidates about counting details (date, time, location) one week before polling, and counting must be conducted at a designated hall with up to 14 counting tables plus the RO's table, following Rule 51 and Rule 66A of Conduct of Elections Rules, 1961. 
• Postal ballot counting begins first at the RO's table under Rule 54A, with only ballots received before the fixed counting hour being considered, followed by EVM counting after 30 minutes unless there are no postal ballots. 
• For EVM counting, only Control Units (CU) with intact paper seals are used along with Form 17C, and results must match the total votes mentioned in Form 17C before being recorded in Part-II of the same form. 
• The counting process requires strict supervision with the EVM Strong Room being opened in presence of observers, RO/ARO(s), and candidates/agents, with continuous CCTV coverage of control units and Voter Verified Paper Audit Trail (VVPAT) movement. 
• VVPAT slip counting begins after completing CU counting, with mandatory verification of five randomly selected polling stations per assembly constituency/segment, and VVPAT slips are counted if CU displays malfunction. 
• Form 17C from each polling station must be sent to compile the final result sheet (Form 20), and rejected postal ballots must be re-verified if the victory margin is less than their number. 
• The RO must obtain authorization from the Observer and NOC on Form 20 before declaring results, and in case of a tie, the result is determined by drawing lots. 

What are the Legal Provision Related to Conduct of Elections Rules, 1961 ? 

• Rule 51 of the Act deals with the time and place for counting of votes. 
  • The returning officer shall, at least one week before the date, or the first of the dates, fixed for the poll, appoint the place or places where the counting of votes will be done and the date and time at which the counting will commence and shall give notice of the same in writing to each candidate or his election agent: 
    • Provided that if for any reason the returning officer finds it necessary so to do, he may alter the date, time and place or places so fixed, or any of them, after giving notice of the same in writing to each candidate or his election agent. 
• Rule 54A deals with counting of votes received by post. 
  • The Returning Officer must first process postal ballots, and any Form 13C covers received after the fixed time will not be opened or counted. 
  • For valid covers, the RO must scrutinize each Form 13A declaration after opening covers one by one, and reject ballot papers if the declaration is missing, improperly signed/attested, or has mismatching serial numbers with Form 13B. 
  • Rejected ballot papers, along with their declarations, must be replaced in Form 13C covers and sealed in a packet marked with constituency name, counting date, and content description. 
  • All valid Form 13A declarations must be sealed in a separate packet with required details before opening any Form 13B covers, which are then opened sequentially for ballot scrutiny. 
  • A postal ballot paper must be rejected if it has identifying marks/writing, lacks votes, has multiple votes, is spurious/damaged, or wasn't returned in the original cover provided by the RO. 
  • Votes on postal ballots will be rejected if the marking makes the intended candidate unclear, though ballots won't be rejected merely for indistinct or multiple marks if the voter's intention is clear. 
  • The RO must count all valid postal ballot votes for each candidate, record totals in Form 20 (result sheet), and announce them publicly. 
  • Finally, all valid and rejected ballot papers must be bundled separately in a sealed packet bearing the RO's seal, candidate/agent seals (if desired), constituency name, counting date, and content description. 
• Rule 56 deals with the counting of votes. 
  • The counting process begins with arranging ballot papers from each box in convenient bundles for scrutiny, with the Returning Officer having the authority to reject ballot papers based on specific grounds outlined in subsection (2). 
  • A ballot paper must be rejected if it contains identifying marks, lacks proper voting marks, has votes for multiple candidates, has unclear vote indication, is spurious/damaged, bears incorrect serial numbers, or lacks required authentication marks and signatures. 
  • However, ballot papers won't be rejected if defects in serial numbers or authentication marks were caused by mistakes of presiding/polling officers, or if the voting mark is indistinct/repeated but shows clear voter intention. 
  • The RO must allow counting agents to inspect (but not handle) ballot papers before rejection and must endorse rejected papers with "Rejected" along with abbreviated grounds and their initials. 
  • All rejected ballot papers must be bundled together, while valid ballot papers count as one vote each, though tendered ballot papers in covers remain unopened and uncounted. 
  • After completing the count for all ballot boxes at a polling station, the counting supervisor must fill and sign Part II (Result of Counting) in Form 16, which requires the RO's signature. 
  • Finally, the RO must enter the results in Form 20 (result sheet) and announce the particulars publicly. 
• Rule 66A deals with the Counting of votes where electronic voting machines have been used. 
  • In relation to the counting of votes at a polling station, where voting machine has been used : 
  • The Returning Officer can scrutinize and inspect control units from multiple polling stations simultaneously, with candidates or their agents allowed to verify the integrity of seals. 
  • If any voting machine is found to have been tampered with, those votes aren't counted and special procedures under sections 58, 58A, or 64A must be followed. 
  • For untampered machines, votes are counted by pressing the "Result" button on the control unit, which displays total votes and votes per candidate. 
  • The results must be recorded in Part II of Form 17C and Form 20, with signatures from counting supervisors and candidates/agents. 
  • Candidates or their agents can request counting of paper trail slips, which the Returning Officer may approve or reject with written reasons. 
  • If paper slip counting reveals discrepancies with the EVM count, the Form 20 results must be amended accordingly. 
  • After counting, the control units and paper slips must be resealed and stored in special boxes with detailed polling station information. 
  • The rules that normally apply to ballot papers are adapted to apply to voting machines where relevant. 

Conclusion

The vote counting process in Indian elections is a meticulously designed system with multiple layers of verification and oversight. The Election Commission's handbook provides comprehensive guidelines for Returning Officers and counting agents, ensuring transparency through systematic procedures from postal ballot counting to EVM vote tabulation and VVPAT verification. The entire process is conducted under strict supervision with mandatory documentation, and results are declared only after obtaining necessary authorizations from the Observer and the Election Commission.