Rules Don’t Allow Us To Hand Over CCTV Footage: State EC on Mumbai North West Lok Sabha Counting Controversy

The Shiv Sena (UBT) has contested the election result for the Mumbai North West Lok Sabha seat, where their candidate, Amol Kirtikar, lost to Shiv Sena's Ravindra Waikar by just 48 votes. At a press conference on Monday, Aaditya Thackeray, accompanied by other senior leaders, announced plans to take the matter to court, citing alleged irregularities during the vote counting process.

The Uddhav Thackeray-led party criticised the Election Commission, claiming it was "entirely compromised." They pointed to alleged lapses in the vote counting after the 19th round, a counting agent of Waikar using a phone belonging to an ENCORE operator, and suspicious behavior from the election officer.

To clarify the situation, Lokmattimes.com interviewed IAS Kiran Kulkarni, Additional Chief Electoral Officer in Maharashtra. Here are excerpts from the interview:

Q: There is a huge controversy over the Mumbai North West constituency. Shiv Sena (UBT) has raised serious allegations against the counting process. What are your views on it?

A: The process of counting votes is well-defined and transparent. The same process has been followed for years with only a few rule changes. In the case of this particular seat, the counting process took place in front of counting agents appointed by the political parties. There were 14 counting tables, each with counting agents from the parties. After every round of counting at each table, the agents sign the results sheet. If they spot any discrepancies, they can object immediately. The process is designed to prevent any bypassing of these steps.

Q: Shiv Sena (UBT) has claimed that there are 650 excess votes counted compared to the numbers on Form 17 provided to them. How do you view this allegation?

A: They need to specify where this discrepancy occurred—at which counting table or polling booth. There is a clear Standard Operating Procedure (SOP) for counting. After every round, counting agents are given the results sheet to verify the numbers against Form 17. If there are discrepancies, they can object and refuse to sign the sheet. The next round of counting cannot start until the agents sign off on the results. The claim of a counting discrepancy is unfounded because all the sheets are sealed and can only be opened with a court order, which will confirm the accuracy of the results.

Q: Amol Kirtikar has said that he has been denied access to CCTV footage inside the counting center. Why is he not allowed to view the footage?

A: According to Election Commission rule 93 (1), sealed election papers, including CCTV footage, cannot be opened without a court order. No official, whether DM, SDM, or otherwise, has the authority to unseal them without such an order.

Q: There is also an allegation of a counting agent, who was also a relative of candidate Ravindra Waikar, using a mobile phone inside the counting center. Moreover, he was using a phone belonging to an ENCORE employee. Isn't that a serious lapse and raises questions about the fairness of the counting?

A: When we learned about this lapse, we immediately removed the individuals from the counting center. However, an ENCORE operator’s phone cannot be used to manipulate EVMs. The operator’s phone is only used to log into the ENCORE system, which is a data entry tool and has no connection to the functioning of the EVMs.

Q: There were reports suggesting that ENCORE operators receive a One-Time Password (OTP) on their phones to start an EVM at the beginning of each counting round. Is this true?

A: There is no connection between the OTP and the EVMs. The OTP is only used once at the start of counting by the operator to log into the ENCORE system. ENCORE is an Excel-like software used by the EC to enter data after each round of counting. This data is sent to the EC’s central server and then displayed on the EC’s website. The operator and the OTP have no role in manipulating EVM results.

Q: Can the ENCORE operator manipulate the numbers they feed into the system? What checks and balances are in place?

A: The counting process involves multiple layers of verification to prevent manipulation. There were 26 rounds of counting, and each table had a counting agent from the parties. After each round, the results sheets are signed by the agents and EC officials. These sheets are then verified and signed by the ARO, RO, and an observer, who is an IAS officer from a different state. Micro-observers also randomly check the tables. The ENCORE operator only enters the verified data into the system, and any discrepancy can be easily identified by the counting agents who have copies of the results.

Q: Was there a recounting in the Mumbai North West constituency?

A: No, there was no recounting. The confusion may have arisen from the counting of postal ballots, which is a lengthy process that starts before EVM counting. Postal ballots are verified and separated by candidate, and their results are declared before the EVM results. In this case, postal ballot results were declared after the 25th round of EVM counting, followed by the final EVM count and the combined tally.

Q: How are results announced, and when does VVPAT verification take place?

A: VVPAT verification involves randomly selecting five polling booths from each assembly segment. The VVPAT slips from these booths are matched with the EVM results, a process that takes over two hours. Final results are announced only after this verification, ensuring accuracy and transparency.

Q: The role of the concerned RO has come under scrutiny. Isn't the RO issuing notices to newspapers for reporting this story an overreach of her jurisdiction?

A: No, the RO's responsibilities do not end with the announcement of results. They have a role in addressing issues related to their constituency even years later, including handling media reports.

Q: Shiv Sena (UBT) has claimed corrupt practices and use of government machinery to defeat their candidate. They are going to court. What is your take?

A:I am confident that the election was conducted according to the procedures laid down by the Election Commission of India. If the court orders a recheck of the election papers, it will confirm that the process was followed correctly and that there were no irregularities.