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Returning officer has final say in recount of votes, EC says on Nandigram poll
The Election Commission took cognisance of allegation by Mamata Banerjee-led Trinamool Congress that the returning officer of Nandigram constituency — where BJP's Suvendu Adhikari defeated the incumbent Bengal chief minister by a thin margin — refused a recounting of votes over fear of his life, and said there was no 'impurity' in the counting process.
The Election Commission of India on Tuesday took cognisance of media reports on recounting at Nandigram assembly constituency in West Bengal, to clarify that the returning officer appointed by the poll panel is the final authority under the law to take decision on such matter.
“Whether it is nomination, polling or counting, the RO acts strictly in accordance with the extant electoral laws, instructions and guidelines of the ECI,” the poll panel said in a statement.
The Nandigram assembly constituency saw a tough, nail-biting battle between incumbent West Bengal chief minister Mamata Banerjee and her former aide, Bharatiya Janata Party (BJP) leader Suvendu Adhikary.
After the votes were counted on Sunday, the election commission declared Adhikari had won by a margin of 1,956 votes. Mamata’s party Trinamool Congress immediately demanded a recount but was turned down by the EC.
Hindustan Times reported that on Monday, Banerjee said she will move court against the EC’s decision and alleged that the refusal by polling officer was made under pressure. Showing a text message in her mobile phone to reporters, Banerjee said, “I cannot reveal who forwarded this but the returning officer, who wrote it, clearly says that his life was under threat. In the message, he said he was held at gunpoint and forced not to order a re-counting which we demanded.”
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The Election Commission said “the returning officer of an assembly constituency performs statutory functions under the Representation of the People Act, 1951 in quasi-judicial capacity independently. Whether it is nomination, polling or counting, the RO acts strictly in accordance with the extant electoral laws, instructions and guidelines of the ECI.”
The poll panel further said that when an application for recounting of votes is made the returning officer shall decide the matter and may allow the application in whole or in part or may reject it in its entirety if it appears to him to be frivolous or unreasonable.
“After the counting in Nandigram AC, the election agent of a particular candidate requested for recount, which was rejected by the RO (returning officer), through a speaking order, on the basis of material facts available before him in accordance with the provisions of Rule 63, as above, and declared the result. In such a case, only legal remedy is to file an EP (election petition) before the high court,” the poll commission said.
As per provisions of the Representation of the People Act, 1951, the decision of a returning officer can only be challenged through an election petition under section 80 of the Act.
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The Election Commission said, “Each counting table (in Nandigram) had one micro-observer. Their reports never indicated any impurity of counting process on their respective table. The RO caused the entries of votes polled by each candidate after each round to be written on the display board which could be easily seen by the counting agents. No doubt was raised on the result of round-wise counting. This enabled the RO to proceed uninterruptedly with the counting of votes.”
The poll panel further said that a copy of each of the results after each round was shared with all the counting agents, who the result sheets.
Refuting the allegations of malpractice, the Election Commission said “polling officers on ground perform in extremely competitive political environment diligently with full transparency and fairness and, therefore, attribution of any motive in such cases is not desirable.”
Taking cognisance of media reports on alleged threat to the life of the returning officer, the Election Commission said it has directed the chief secretary of West Bengal to provide adequate security to the officer.
The Trinamool Congress won 213 of the state’s 294 assembly constituencies, with the BJP winning 77. Counting was held for 292 seats, as voting for two seats will take place at a later date. Mamata Banerjee is scheduled to take oath as the chief minister of West Bengal for the third consecutive term on Wednesday.
