The Election Commission of India (ECI) has taken a rare and stringent step by ordering a complete repoll in all 285 polling stations of the Falta Assembly constituency in West Bengal. This decision follows widespread reports of “EVM vandalism” and voter intimidation during the final phase of polling on April 29, 2026.
Key Points
- Total Constituency Repoll: Unlike typical repolls limited to a few booths, the ECI has voided the entire poll in Falta (all 285 stations), scheduled for May 21, 2026.
- Decoupled Counting: While results for 293 of the 294 seats will be declared on May 4, the Falta results will only be processed on May 24, ensuring the repoll does not influence or be influenced by the general trend.
- Specific Malpractices: The ECI cited unique irregularities such as the application of black adhesive tape or perfume on Ballot Unit buttons to obscure specific party symbols, effectively “blinding” the voting choices.
- Security Lapses: The order highlights the “unauthorized and illegal presence of political party cadres” inside polling stations and the intimidation of voters, signaling a breakdown in the “purity of the poll.”
- Zero Tolerance Policy: This move reinforces the ECI’s constitutional mandate to ensure that every vote is cast in a free, fair, and unhindered environment, even if it requires rescheduling a high-stakes seat.
The Legal Framework for Repolling
The power to cancel a poll and order a fresh one is a cornerstone of India’s electoral democracy, derived from both constitutional and statutory provisions.
1. Article 324 of the Constitution
This article is the “reservoir of power” for the ECI. It vests the superintendence, direction, and control of all elections in the Commission. In the Mohinder Singh Gill vs. CEC (1978) case, the Supreme Court ruled that Article 324 allows the ECI to take any necessary action to ensure a fair poll where the existing law is silent.
2. Section 58 of the Representation of the People Act (RPA), 1951
This section specifically deals with “Fresh poll in the case of destruction, etc., of ballot boxes/EVMs.”
- Conditions: A repoll can be ordered if an EVM is unlawfully taken out of custody, accidentally or intentionally destroyed/damaged, or tampered with to the extent that the result cannot be ascertained.
- Procedure: The Returning Officer (RO) reports the matter to the ECI, which then declares the poll at that station/constituency void and fixes a new date.
3. Section 58A (Booth Capturing)
If “booth capturing” (including intimidation and preventing voters from reaching the booth) occurs on a large scale, the ECI has the power to either countermand the election (cancel it entirely) or order a repoll under this specific section.
Understanding Electoral Malpractices
The “Falta Model” of malpractice (using tape and perfume) represents a shift from traditional “booth capturing” to “technological vandalism.”
- EVM Vandalism: By pasting tape over a specific button, the perpetrator ensures that a voter cannot find their preferred candidate, leading to an accidental “wrong vote” or a wasted vote.
- The “Perfume” Tactic: Applying strong scents or sticky substances to buttons is an unconventional method used to identify which buttons were pressed or to deter voters from touching specific parts of the machine.
- Electoral Offences: These acts are punishable under Section 131 (Misconduct at polling stations) and Section 135 (Removal of ballot papers/tampering with EVMs) of the RPA 1951, carrying penalties of imprisonment and fines.
UPSC Practice Questions
Prelims (PT) Question
Q. With reference to the ‘Repolling’ process in India, consider the following statements:
- Only the President of India has the final authority to order a repoll based on the recommendation of the Election Commission.
- Section 58 of the Representation of the People Act, 1951, provides the legal basis for a fresh poll if an EVM is tampered with.
- If a repoll is ordered in a constituency, the counting of votes for that specific seat must be held along with all other seats to ensure parity.
Which of the statements given above is/are correct?
A) 2 only
B) 1 and 2 only
C) 2 and 3 only
D) 1, 2, and 3
Answer: A) 2 only
Explanation: The ECI itself has the authority, not the President. Counting can be decoupled (delayed) for the repolled seat as seen in the Falta case.
Mains Question
Q. “The integrity of the Electronic Voting Machine (EVM) is central to the trust in Indian democracy. However, unconventional malpractices like physical vandalism and voter intimidation remain significant challenges.” Discuss the constitutional and legal powers of the Election Commission to safeguard the sanctity of the electoral process. (250 words)