Party cites 2016 RS election when one vote was rejected on the same ground

While invalidating the votes of two Congress MLAs in the Gujarat Rajya Sabha polls, the Congress cited the June 2016 Haryana Rajya Sabha elections in which, it said, the vote of one of its MLAs was rejected as the ballot paper had been shown to unauthorised persons.

On Tuesday, one after the other, delegations of both the parties made multiple visits to the Election Commission, seeking to counter each other’s claims.

It went on all evening, with both sides remaining firm on their respective positions.

Congress leaders Randeep Singh Surjewala and R.P.N. Singh first approached the Commission and demanded that the votes be invalidated for violation of Rule 39 of the Conduct of Election Rules and the EC’s circular on security of ballots.

“Videograph of the entire process is available with the Returning Officer and he may be immediately directed to follow the law in letter and spirit,” said the party.

Soon thereafter, a BJP delegation of Union Ministers Arun Jaitley, Ravi Shankar Prasad, Piyush Goyal, Nirmala Sitharaman and Dharmendra Pradhan met the Election Commission seeking immediate counting of votes.

Refuting the Congress charges as “baseless”, the BJP said the validity of votes — once put in the ballot boxes — could not be questioned. After the meeting, Mr. Goyal told the media that the Presiding Officer’s decision was final. He said neither the Congress nor the poll observers had raised any objection, when the votes were cast in the morning.

Mr. Goyal said the validity of votes could not be questioned now, demanding declaration of results after the counting of votes. Mr. Prasad said the Congress was afraid of losing the election.

Then, a more high-profile delegation of the Congress, comprising Ghulam Nabi Azad, P. Chidambaram, Anand Sharma, Randeep Singh Surjewala and R.P.N. Singh, met the Election Commission again.

Mr. Chidambaram later told the media that the ultimate decision had to be taken by the Election Commission, as it was the only constitutional authority. He said video of the election process should be reviewed and the votes rejected, as the ballot papers had been shown to unauthorised persons. He cited the “precedent” of June 11, 2016, during the Haryana Rajya Sabha polls. As per rule, the ballot paper has to be shown only to the polling agent of the party to which the MLA belongs. The Congress alleged that BJP leaders, who were Union Ministers, were seeking to put pressure.

In response, another BJP delegation met the Election Commission and sought the counting of votes. Soon after the delegation left, some BJP leaders again returned following reports that yet another Congress delegation was to reach the EC office. The BJP too alleged that the Congress was trying to build pressure on the Commission.

Indeed, another Congress delegation visited the EC for submitting more documents. However, the EC clarified that it met only two delegations of each of the parties.

Appeal by Patel

Earlier in the day Congress stalwart Ahmed Patel reportedly cried before the legislators asking them to forgive him if he had ever hurt anyone when the MLAs were being taken to the polling station in a bus from a resort.

Interestingly, the most flip flops and claims and counter claims came from JD(U) legislator and seasoned tribal leader Chhotu Vasava, who he has voted for remained suspense till the end. On Tuesday morning, Mr Vasava travelled with Congress leaders from Anand to Gandhinagar but at the polling station, he was escorted by two BJP leaders, who subsequently claimed that Vasava voted for BJP.