Explainer: The Mumbai North West ‘EVM unlocking’ saga

What is the EVM controversy in Mumbai North West, where Shiv Sena’s Ravindra Waikar pipped Shiv Sena (UBT) candidate Amol Kirtikar by just 48 votes?

A major political controversy has erupted over the election result of the Mumbai North West Constituency, where Eknath Shinde-led Shiv Sena’s Ravindra Waikar pipped Shiv Sena (UBT) candidate Amol Kirtikar by just 48 votes. There have been claims of EVM tampering, hacking and unlocking using an OTP, forcing the election commission to hold a press conference on Sunday. An explainer on what has transpired so far:

Mumbai, India - June 4, 2024: Ravindra Waikar Candidate for Lok Sabha, Mumbai North-West constituency celebrate after winning at Nesco in Mumbai, India, on Tuesday, June 4, 2024. (Photo by Satish Bate/ Hindustan Times) (Hindustan Times)

What happened on counting day?

There was high drama in the final few rounds of counting, as both Waikar and Kirtikar took the thinnest of leads with each passing round. Initially, Kirtikar was declared the winner by 2,200 votes, after which Waikar demanded recounting. After the recounting took place, Kirtikar was ahead by one vote. However, this only included the Electronic Voting Machine (EVM) rounds of counting. After this, counting of the postal ballots took place, where 111 votes were declared invalid.

Eventually, according to the final result announced by the constituency’s returning officer Vandana Suryavanshi, Waikar got 4,52,644 votes, while Kirtikar had 4,52,596, a difference of 48 – the thinnest margin recorded in the 2024 elections. Shiv Sena (UBT) then questioned the validity of the counting process and said it would go to court to challenge the result.

In a letter to the Election Commission of India, Kirtikar alleged manipulation and illegality in the counting process. He also expressed doubts that EVMs had been tampered and demanded the release of CCTV footage from the counting centre. Shiv Sena (UBT) is hoping the CCTV footage will help them prove their allegation of manipulation like in the case of the Chandigarh mayor elections in February, where the result was overturned after the returning officer was caught on camera defacing the ballot papers.

What is the controversy over a mobile phone being used at the counting centre?

The row intensified last week over allegations that Waikar’s relative Mangesh Pandilkar used a mobile phone to access an EVM at a counting centre at NESCO, Goregaon East. The phone belonged to Dinesh Gurav, a data entry operator with the election commission. Two independent candidates, Bharat Shah and Surinder Mohan Arora, noticed Pandilkar using a mobile at the centre, which is illegal and alerted the election commission. The police registered an FIR and booked both Gurav and Pandilkar. According to reports, Pandilkar allegedly used the mobile to generate an OTP to unlock the EVM.

On Sunday, Suryavanshi held a press conference where she dismissed claims that attempts had been made to hack the EVMs at the counting centre. She said that Gurav’s phone could receive an OTP to access only the election commission’s ENCORE application, which is used by officers to digitise the votes polled, tabulate data, and take immediate action. EVMs cannot be accessed or unlocked using an OTP, she added.

What is the whole process of vote counting?

According to the rules, postal ballots are counted first at the returning officer’s table. Thirty minutes after the commencement of postal ballot counting, the EVM rounds begin. The EVM’s control unit is switched on and the ‘Total’ button is pressed, which tallies the total votes polled. Then, the ‘Result’ button is pressed to display the total number of votes recorded for each candidate at the polling station. The counting assistant lifts the control unit in such a manner that the display panel is clearly visible to the counting supervisor, micro observer and counting agents of the candidates so that they can note down the votes polled by each candidate, including NOTA. This process can be repeated if any counting agent desires.

After the result has been noted, the control unit is switched off. In case of non-display of results in the display panel of the control unit, VVPAT slips are counted after the completion of all control unit counts. If the margin of victory is less than the number of postal ballot papers rejected, all such rejected postal ballot papers are mandatorily re-verified before the declaration of the result.

What is the Shiv Sena (UBT) saying after the mobile phone controversy?

In a press conference on Monday, Shiv Sena (UBT) leader Anil Parab said that the result declared for Mumbai North West was suspicious. He made seven claims: 1) Suryavanshi stopped announcing the outcome of each counting round after the 19th round; 2) Form 17C, which ensures the tally of votes during the counting process, was not given to many representatives; 3) The process of finalising the counting tally of each assembly segment was not transparent; 4) As per the Shiv Sena UBT’s tally, Kirtikar got 650 more votes than Waikar; 5) After the result was declared, Suryavanshi’s office promised Shiv Sena (UBT) that CCTV footage will be provided in two days, but it later said this can’t be done without a court order; 6) Suryavanshi has no clear record of service, faces charges of corruption, and was taking instructions from someone on her mobile phone; 7) The FIR against Gurav and Pandilkar was registered 10 days after the results, during which their mobile phones were changed.

What is the Shinde Sena’s response to this controversy?

Chief minister Shinde has ridiculed the allegations of EVM tampering and said that the Uddhav Thackeray camp is making baseless charges because they’re jealous of Waikar’s victory. On Monday, various leaders from the Shinde camp demanded an apology from Shiv Sena (UBT) MLA Aaditya Thackeray and senior Congress leader Rahul Gandhi for sharing fake news about the alleged EVM unlocking with an OTP on social media. They also asked the media organisation that published the report to apologise for spreading misinformation. The Shinde camp Kirtikar had won in the EVM rounds and lost only after the postal ballots were counted.