Kapil Sibal: The National Democratic Alliance (NDA), led by the Bharatiya Janata Party, is expected to win handily in three states: Karnataka, Telangana, and Himachal Pradesh. This suggests that the Congress may be in for a disappointment.
Exit Poll Projections
Exit polls from Jan Ki Baat, Republic TV-Matrize, India Today-Axis My India, and other sources all projected a resounding victory for the NDA in the recently held Lok Sabha Elections 2024. According to them, the opposition’s INDIA group would secure between 118 and 140 Lok Sabha seats, while the BJP-led NDA might secure 350–370 seats. The Lok Sabha consists of 543 seats. A party or alliance must win at least 272 seats, which is the magic number, in order to win the elections.
Kapil Sibal’s Call for Electoral Accountability
Before the election results are announced, Kapil Sibal has given a big statement. Rajya Sabha MP Kapil Sibal says, “If someone’s right is violated and someone’s responsibility is held, then there should be minimum punishment according to me. And this law should be implemented. The second thing is that the importance of opinion should be understood by the Election Commission. Now, all this that is happening, the examples I have given, this happens every day.”
He added, “So, why doesn’t the Election Commission think about it? Why doesn’t it take a firm step? This happens in front of them. What happens is that they say, sir, you go into corrupt practice. Because this corrupt practice will also be accepted. Forcing someone not to vote or not allowing them to vote, whatever it is. That corrupt practice is also accepted. Pay money and buy votes, that is also a corrupt practice. Do undue influence, that is also a corrupt practice.”
Challenging Religious Coercion in Elections
Sibal Further said, “On the basis of religion, say that you vote for us, otherwise God will punish you. That is also a corrupt practice. But what happens in corrupt practice is that a petition has to be filed. Some people do not have the means. Then there is a trial. It takes many years. Sometimes it happens that the election comes out, but the decision is still not made. So, these things should be understood by the Election Commission. So, there should be a permanent tribunal. At the time of voting, the one who decides on it immediately.”
He said that, “And if someone stops someone from voting, then I think he should also be punished. Whoever does this. So, these things should be understood by the Election Commission.”
Urging for Electoral Integrity
Sibbal added, “I am giving you a suggestion on the basis of a citizen. And if this does not happen, then the election will be polluted. You have also suggested polluting to political parties.” Giving suggestion he said, “The suggestion is that our postal ballot should be counted in accordance with the rules of Article 54A of the Conduct of Election Rules of 1961. Postal ballots should be counted in accordance with the rules of Article 54A of the Conduct of Election Rules of 1961.”
He added, “And it used to be. Before the counting of the machine, the counting of the postal ballot used to begin. And there are guidelines of the Election Commission of 2019. In which it is written that the postal ballot should be counted before the penultimate round.”
Showing the guideline of 2019, Sibbal said, “This is a guideline of 2019. I can show it to you. I can read it. It says that the penultimate one before the last round of counting of votes recorded in EVM should not commence till the counting of postal ballot is completed in all respects. Now they have changed this guideline. Now they have given an instruction in 2023. And that instruction is that EVM counting can go on irrespective of the stage of postal ballot counting. So this means that EVM counting is over. And the counting of postal ballot will be told later.”
Impact of Postal Ballots on Election Outcomes
Sibbal further said, “And there is a lot of confusion in this. We also know that in Bihar there used to be an accusation that in the end you changed the result of the election.So why did they change it in the first place? This is what the Election Commission did. Tell the people why they changed it. The second thing is that the numbers of postal ballots have increased a lot. They have increased because earlier in every assembly constituency there used to be about 1000 postal ballots.”
He added, “After that what happened is that the elderly people of the age of 85 were also given the right to vote for the postal ballot. And those who are physically handicapped have also been given the right. So the counting of 1000 postal ballots of every assembly is 4000-5000.Which is 4-5% of the total votes cast.”
Sibbal Concluded, “I am giving you just a random percentage. It could differ from state to state. So if 4-5% is the amount of the postal ballot, then you can change the result of the election. So this is a very serious issue. We should not be talking about this. The Election Commission should withdraw this administrative instruction considering this serious issue.”
Revised Guidelines on Postal Ballot Counting
The guidelines pertaining to the postal ballot count have undergone certain modifications. Regarding this, the Election Commission has released comprehensive guidelines. Although the Election Commission has modified its instructions, the regulations provide that the postal ballots will be counted prior to the final round. As per the administrative decision, postal ballots can now be counted at any moment, according to the Election Commission.
Kapil Sibal raised a question on this and said that the number of postal ballots has increased. Therefore, the counting of postal ballots can be manipulated in constituencies with less victory or defeat.