Representative TOI file photo

NEW DELHI: Attorney general K K Venugopal and the Election Commission have opposed the Centre's stand against 'totalising' of votes for counting after elections under which votes of a cluster of polling booths are proposed to be mixed and counted together against the present system of booth-wise counting of votes.

The commission and the top law officer favoured the concept of 'totaliser' and said it would help protect the secrecy of voting pattern in a booth and avoid any prejudice or discrimination of voters by political parties.

Appearing before a bench of Chief Justice Dipak Misra , Justices A M Khanwilkar and D Y Chandrachud, Venugopal submitted that he had "a different perception" in the matter and told the court that election laws should be amended to permit 'totalising' of votes polled through electronic voting machines (EVMs) in different booths to camouflage area-wise voting pattern to prevent candidates from wreaking vengeance after polls.

Venugopal was asked by the SC to assist in the matter as attorney general. His view was against that of the Centre, which was represented by additional solicitor general Maninder Singh. The Centre said a team of ministers headed by home minister Rajnath Singh had examined the EC's proposal and rejected it. It also said the final decision was taken after consulting political parties.

"The team of ministers has come to the conclusion that revelation of booth-wise votes polled by candidates would perhaps be more beneficial and useful since it would facilitate the candidates and the parties to find out the areas where they have shown better results and areas where they have not shown good results so as to work more for that area by bringing development activities to improve their performance in future elections," the government said in its affidavit.

However, Venugopal said that prior to insertion of Rule 59A in the Conduct of Election Rules, 1961, the EC used to mix all the ballot papers for the purpose of counting.

The commission supported totalising of votes and told the bench that the Law Commission in 2015 had recommended mixing votes while counting. The EC in 2008 had asked the Centre to amend the law to provide for the use of a totaliser for counting of votes. As per the EC's suggestion, the results of votes polled in a group of EVMs in 14 polling stations would be calculated and announced together, in a change from the current practice of counting votes by each polling station.

"EC would submit that a time has come for introduction of totaliser for counting of votes. It has been brought to our notice that recommendation in that regard has been given to the Law Commission of India. It is submitted that the secrecy of the ballot, privacy of the individual and the right of the people staying in a particular locality should not be exposed, and any kind of prejudice or discrimination because of the voting pattern should be avoided. Therefore, there is need for considering the aspect of introduction of totaliser," senior advocate Meenakshi Arora, appearing for the EC, said.

The court posted the case for final hearing on February 2.

The Centre had said a team of ministers headed by home minister Rajnath Singh had examined the EC's proposal and rejected it. It also said the final decision was taken after consulting political parties

