'Can a Used EVM Have 99% Battery?': Details of Congress' Haryana Rigging Claims

A delegation of Congress submitted detailed complaints from 7 constituencies to Election Commission on Wedenesday.

'Can a Used EVM Have 99% Battery?': Decoding Congress' Haryana Rigging Claims

(Photo altered by The Quint)

"If people don't get shocked with the way things are happening in the name of an election, in the name of counting, why are people shocked when we point out these anomalies," Congress leader Pawan Khera told The Quint outside the Election Commission's office in Delhi on Wednesday, 9 October.

Following its shocking defeat in the Haryana Assembly elections on 8 October, the Congress "rejected" the results from Haryana alleging flouting of norms and tampering of Electronic Voting Machines (EVMs), a claim that the Bharatiya Janata Party (BJP) is calling a case of 'sore losers'.

Beyond the politicking, it is one thing for India's principal Opposition party to claim that EVMs are unreliable, but to reject the entire outcome of an election is being seen by many as a rare overreach.

Soon after the results were announced on Tuesday, Khera and Congress communications in-charge Jairam Ramesh held a press conference to allege that several EVMs in many constituencies still had 99% battery, which should be impossible after an entire day of polling.

The two leaders claimed that the Congress had lost the seats as per the votes counted in the EVMs with 99% battery, but won in those with 60-70% battery.

Congress leaders Pawan Khera, Ashok Gehlot, Ajay Maken, Bhupinder Singh Hooda, Jairam Ramesh, KC Venugopal and Udai Bhan come out after meeting Election Commissioners at Nirvachan Sadan, in New Delhi, Wednesday, 9 October, 2024.

(Photo: PTI)

On Wednesday, a delegation of Congress leaders led by Khera met the Chief Election Commissioner to submit a 31-page complaint letter that detailed such complaints by Congress candidates of seven constituencies.

The delegation, which comprised of Congress General Secretary KC Venugopal, former Haryana CM Bhupinder Hooda, former Rajasthan CM Ashok Gehlot, Delhi Congress chief Ajay Maken, and others said that they will submit details of alleged irregularities at polling booths in other 13 constituencies in the next two days.

Here's a detailed look at the Congress party's allegations and what Khera told The Quint.

99% Battery Percentage in Several Constituencies

"99% battery (in an EVM) after the machine has been through an entire day of polling is not possible. These are question that we need to raise," Khera told The Quint.

"Immediately upon discovery, the INC candidates raised this issue before the concerned Returning Officers, however in majority of the places, there was no response received in this regard," the party said in the letter to the EC.

In its letter, the Congress provided a list of constituencies in which its agents raised claims over batteries and alleged "no action" taken by the RO:

• 21 – Karnal

• 43 – Dabwali

• 74 – Rewari

• 25 – Panipat City

• 83 – Hodal (SC)

• 01 – Kalka

• 70 – Narnaul

Further elaborating on Narnaul in its letter, the party in the letter said: "In the Narnaul Assembly Constituency, Mr. Narendra Singh (Contesting Candidate of the INC) discovered the said inconsistencies in EVM Machines used in his Constituency. It was revealed that some EVM Machines were functioning at 99% battery capacity, while some EVM Machines were functioning below 80% battery capacity. In this regard, Mr. Narendra Singh submitted a detailed Complaint before the Returning Officer on 08.10.2024."

In its response to the allegations in Narnaul, the Nodal officer explained the technicalities of the batteries used in EVMs and said that the battery percentage being 99% is not a malfunction or sign of tampering.

The Congress, however, questioned why only some EVMs in the same constituency have different battery percentage.

"While the Returning Officer attempted to justify the 99% battery status of EVM Machines through Circular dated 04.06.2024, it completely failed to address the issue of inconsistencies between EVM Machines within the same Constituency," it said.

The complaint letter attached copies of letters and emails by Congress candidates of other six constituencies over EVMs having 99% battery, but claimed to receive no response.

EC Officials Being 'Assisted' by BJP Workers

The Congress further alleged that at several polling booths, many EC officials were 'assisted' by BJP workers.

"In addition to the above, we have also received complaints from some constituencies where the Bharatiya Janata Party's (BJP) Candidate being provided support by Returning Officer and other election officials. It is submitted that such grave instances of electoral malpractice must also be duly investigated and acted upon by this Hon'ble Commission," it said.

Dadri Congress candidate Manisha Sangwan wrote to the EC alleging the presence of an unsigned EVM in her constituency and over 600 postal ballots being declared invalid following alleged pressure by BJP candidate Sunil Sangwan who won the seat by 2,310 votes.

In Loharu, Congress' winning candidate Rajbir Fartia alleged a delay in being issued the winning certificate.

'Undemocratic Rejection,' Says EC. Are Congress' Clains Even Legit? 

Do the claims by Congress party have any legitimacy? The Quint's Political Editor Aditya Menon has analysed data to explain what may have actually spoilt the Congress' game in the state. Read the full analysis here.

In another analysis, Deepanshu Mohan and Ankur Singh have explained using detailed graphs how the victory margin in so many seats was extremely narrow despite the Congress' vote share having seen an 11% rise compared to 2019.

Ahead of the meeting with Congress leaders on Wednesday, the EC wrote a strongly worded letter to Congress chief Mallikarjun Kharge condemning the "assertions" by Khera and Ramesh.

"Such an unprecedented statement as above in a generic sense, unheard in the rich democratic heritage of the country, is far from a legitimate part of free speech & expression and moves towards an undemocratic rejection of the will of the people expressed in accordance with the Statutory and Regulatory electoral framework, uniformly applied across all elections in the country including J&K and Haryana," the EC said.

Congress leaders Jairam Ramesh and Pawan Khera address a press conference at AICC headquarters, in New Delhi, Tuesday, 8 October, 2024.

(Photo: PTI)

"The Commission has meanwhile noted the statements from your good self and the Leader of Opposition which have termed the Haryana results as "unexpected" and that the INC proposes to analyse the same and approach the ECI with its complaints/grievances," it added.

Khera on Wednesday told The Quint that the poll body is bound to answer its questions.

"They have given us an assurance (of addressing the issues), but this time just assurances won't be enough. We will need something more concrete than assurances," Khera said.

Asked if the party contemplates legal action, he said: "We are still discussing internally. Let's see what are the next steps to be taken."