Is ‘Challenge Vote’ A Term In Indian Elections? What Does EC Say?

A viral message aiming to make people aware about their voting rights is partially incorrect.

CLAIM

A viral message aiming to make people aware about their voting rights has been floating around on social media.

The message reads:
👉 When you reach poling booth and find that your name is not in voter list, just show your Aadhar card or voter ID and ask for " challenge vote" under section 49A and cast your vote.

👉 If you find that someone has already cast your vote, then ask for "tender vote" and cast your vote.

👉If any polling booth records more than 14% tender votes, repolling will be conducted in such poling booth.

👉 Please share this very important message with maximum groups and friends as everyone should aware of their right to vote

TRUE OR FALSE ?

The Quint found out that the claims made in the viral message are only partly correct.

The first pointer in the post says “If your name is not in voter list, just show your Aadhar card or voter ID and ask for challenge vote under section 49A and cast your vote.”

This is false. When a person’s name is not on the voting list, they simply can’t vote. The ECI issues the Voter ID card to citizens after their names have successfully been included in the electoral rolls of their constituency. Just because one has their Voter ID Card does not mean that that they will definitely be allowed to vote – because it is mandatory their name should appear in the electoral roll for them to vote.

The message mentions something called a ‘challenge vote’, and falsely quotes section 49A.

The Handbook for Presiding Officers, however, does indeed mention a ‘Challenged Vote’ .

A ‘Challenged vote’ is where the polling agents challenge the identity of an elector and the presiding officer holds an inquiry into the challenge.

Meanwhile, section 49A in the ‘Conduct of Elections Rules, 1961’ describes the ‘Design of Electronic Voting Machines’, and has nothing to do with ‘challenge vote’.

The second sentence point in the viral message states “If you find that someone has already cast your vote, then ask for ‘tender vote’ and cast your vote.”

This is true. According to Rule 42 of The Conduct of Elections Rules, 1961, if the Polling Officer tells a person that their vote has already been cast, then one should immediately bring this to the attention of the Presiding Officer. In such a case, the Presiding Officer may ask questions to confirm one’s identity.

Once s/he is convinced that their identity is genuine, he or she will provide a tendered ballot paper and one can cast a ‘Tendered Vote’

A tendered ballot paper is the same as the ballot paper displayed on the balloting unit, except that it will be endorsed (either stamped or written) with the words ‘Tendered Ballot Paper’ on the back.

The message lastly mentions “If any polling booth records more than 14% tender votes, repolling will be conducted in such poling booth.”

This statement is false. Speaking to The Quint, Padma Angmo, Director, ECI, clarified that tendered votes will be taken into account only on the direction of a High Court.

“Courts have said that tendered votes should be taken into account only when they are likely to affect the outcome of the election, ie, when the margin of victory is less than the number of tendered votes,” she said.

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