ELECTION COMMISSION OF II\DIA

NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI_110001

No. 5 1/8/1 6 19 II}4.P 12019-EMPS Dated: 22ndMay,2019

To,

( 9 9 P"Ut i,L P*'t''',* a',r

+pL
p/'ut't<l
ry
followed for countins of VVPAT Slips in General Elections-20l9 ree...

Sir,

I am directed to refer to the Memorandum dated 21stMay,2019 on the captioned sub.iect,

which was presented to the Hon'ble Commission during the meeting with the Political party
representatives on 21.05.2019 at the ECI, wherein the main demand pertained to the counting
of VVPAT slips of 5 (five) Polling Stations before the start of actual round-wise EVM
(Control Unit) counting. In this regard, it is stated that the request for reversing the order of
VVPAT Slip count, from the existing system after the completion of all EVM rounds to the
beginning of the EVM count, was thoroughly deliberated and analysed by the Commission.

2. It is relevant here to underscore that the existing protocol of VVPAT slip verification
was examined in detail in the Hon'ble Supreme Court in Writ Petition (C) No. 273 of
2019- N Chandrababu Naidu &Ors vs Union of India & Anr, wherein order dated
08.44.2019 was passed. In the said Order, Hon'ble Court has directed vide para 7 on page 9 as
under:

"It is, therefore, oltr"consideredview that

havingregardto the totality of thefacts of the case
and need to generate the greatest degree of satisfaction in all with regard to the futl
occuracy of the election results, the number of EVMs that would now be subjected to
verification so -far as WPAT paper trail is concerned would be 5 per Assembly Constituency
or Assembly Segments in a Parliamentary Constituency instead of what is provided by
" Guideline 16.6, namely, one machine per Assembly Constituency or Assembly Segment in a
Parliamentqry Constituency. We also direct that the random selection of the machines that
would be subiect to the process of WPAT paper trail verffication as explained to us by Mr
Jain, Deputy Election Commissioner of the Election Commission, in terms of the guidelines
in force, shall spplv to the WPAT paper trail verification of the 5 EVMs covered by the
present order.tt

d,
3. In this context, it is also clarified that the guidelines referred to in the Hon'ble Court's
order herein, pertain to Guideline 16.6 of the Manual on Electronic voting
Machine and
WPAT, which has been recorded in the Order dated 08.04'2019 as follows:
,,
verification of WPAT paper slips of randomly selected 0 1 (one) polling station
I 6.6. I . The
the completion of the last
for each Assembly Constituency/Segment shall be taken up after
round of counting of votes recorded in the EVMs'"

Thus, the process and guidelines to be followed for WPAT slip verification has already been

adjudicated by Hon'ble Supreme Court with a direction that the extant guidelines 'shall' be
the issue has
applied for verification of 5 VVPATs per Assembly Constituency/segment,
been conclusively settled and has attained finality. Hence, the Commission
is duty bound to
implement the directions of the Hon'ble Supreme Court in terms of the said
order dated
08.04.2019 in letter and sPirit.
robust, systematic
4. Further, it is reiterated that the Commission has already mandated a
and institutionalized structure of interface and interaction vis-d-vis the
EVMs and VVPATs
between the political parties, candidates or their representatives and
the election officials at
highlight as well as
all levels during the various stages in the election process. It is crucial to
appreciate that the mandatory involvement of vital stakeholders
in each and every operation
transparency and
relating to the EVMs and WpATs imbues the entire system with absolute
stakeholder parlicipation at every step, completely eliminating any
possibility of mischief or
Procedure (SoP) in
manipulation with the machines. The details of the Standard operating
force are listed at length in the annexule herewith (Annexure-1).
it
5. In respect of all the other issues flagged in the Memorandum dated 2l'05'2019,
stated that comprehensive itemized lesponse is annexed herewith
for greater elucidation
(Annexure-2).
raised a concern
6. Yesterday, during the meeting, some esteemed delegates had also
Pradesh on the Assistant
that their agents are not being allowed in some districts in Uttar
has vide its letter No'
Returning officer's (ARO) table on the counting day. commission
reiterated the
6rtECrtLET/TERR/NS-III-up/20r9 (Spr) dated 2r.0s.20r9, immediately
instructions that ev'ery candidate's agent shall be allowed on the
Ro/ARO's table, as well as at
each counting table in the counting hall'

7. The delegation also made certain new suggestions regarding

vvPAT slips for future
consideration. The commission welcomes the suggestions and
would deliberate on each
suggestion thoroughly for future implementation, in consultation
with the Technical Experts
Committee (TEC).
instruction regarding
8. Further, as requested by some party representatives, the extant
across all StatesAjTs' It is also
counting process have been reiterated for strict compliance
have been instructed to
informed that lield election officers including the Ros/AROs
and ensure that regular and timely
unerringly adhere to the round-wise protocol of counting
and under no
information of the round-wise result is shared with the candrdatelagents

d'
circumstances, the EVMs of the next round are brought inside the hall until the due

completion of the previous round.

g. The Commission would like to once again assure all the esteemed members of the
political parties about the complete robustness, credibility and integrity of the EVM-VVPAT
based polling process, as well as absolute safe and secured storage and counting of polled
EVMs and VVPATs.

(Madhu$udan Gupta)
Under Secretary Secretary
 Annexure-L
ace Political
the Election officials vlis-a-vis EVM/WPAT:
As per the extant instructions, the representatives of the political parties/candidates are duly
intimated in writing well in advance and their participation sought in every stage of the
election plocess involving EVMs and VVPATs in a step by step manner:
a) Movement of EVMs and VVPATs:
i. political parties intimated before opening of EVMWarehouse to receive
EVMs/VVPATs from factories or any other State/UT or districts.
ii. Movement of EVMs and VVPATs by container trucks or sealed trucks.
iii. Vehicles transporting EVMs and VVPATs sealed with locks and paper seals.
iv. A11 shifting under 24X7 security and is videographed
v. A1l vehicles transporting EVMs and VVPATs are tracked by GPS on a real time
basis
vi. Opening/Closing of the EVM warehouses/strongroomsonly in presence of
political parties/candidates, with advance written intimation under
acknowledgment.
b) First level Checking (FLC):
i. Full physical check of machines and their functioning, the defectives are kept
aside and sent to the factories of the PSU manufacturers for repairs.
ii. Mock poll on every FLC-Ok EVM and VVPAT in the presence of the political
party rePresentatives.
iii. Result in EVMs tallied with the VVPAT slips in front of political party
rePresentatives.
iv. All FLC-OK CUs sealed with'pink paper seal'
v'Sealissignedbythepotiticalpartyrepresentatives.
vi. FLC-Ok EVMS and VVPATs stored in strongrooms with 24X7 security
vii. photocopies of registers shared with the political party representatives.
viii. Entire process is carried out in sanitized hall under videography'
c) Randomization:
2-stage randomization of EVMs conducted using the EVM Management
System
i.
(EMS), besides a 3-stage randomization of polling personnel.
ii. lst randomtzation done of FLC-OK units to allocate EVMs from a district
randomly to a particular Assembly Constituency/Segment (AC/AS)'
iii. Randomization done in presence of political party representatives and AC-wise
list of machines shared with the parties'
. 2nd randomization is done just before candidate setting to allocate EVMs
and
iv.
VVpATs to particular polling stations in the presence of candidates/agents and
final list of deployed machines shared with them'
Setting: All contesting candidates are duly informed of the process
of
d) candidate
requested to
commissioning of EVMs and symbol loading exercise in the VVPATs and
participate in the mock poll procedure'
Despatch: Opening of strongrooms for despatch of polling parties is carried
out in the
e)
presence of the candidates/agents.
 Poll Day:
EVM and
i. on the poll day, mock poll with atleast 50 votes is conducted on every
result tallied with the vvPAT slips at each and every
polling station in the
on the Mock Poll
presence of the polling agents and their signatures are obtained
Certificate.
The entire polling process is conducted in the presence of
the polling agents at
ii.
the polling station.
s) After Poll Ends:
which no more votes
i. EVMs are shut by pressing the'CLOSE'button on CU, after
can be recorded bY the EVM'
seals etc in the
ii.The EVMs and wpATs are duly sealed with paper sealsithread
sign the paper seals on the
carrying cases and the polling agents are allowed to
of the machines'
EVMs, which can be later verified to check the authenticity
reception centres under
iii.The sealed EVMs and wPATs are transported to the
armed securitY.
polled EVMs
The candidates/agents are allowed to accompany the
and
iv.
wPATs from the polling station to the Reception centres.
h) Storing Polled EVMs:
which are
i. A11 polled EVMs and wPATs are stored in designated strongrooms
sealedinthepresenceofthecandidates/agentsandobserver'Candidatesare
allowed to put their own seals on the locks'
The candidates/agents are allowed to remain in the
vicinity of the strongrooms
ii.
close of poll till the counting
to keep aZ4X7 watch on the polled EVMs after the

iii. lT*, CCTV feed from the strongrooms is provided to the candidates'
facilitation/camPing area.
i) Counting PaY: counting day is done in the
1

i. The opening of polled EVM strongroom on the

presence of the candidates/agents, Returning officer
and observer under
videograPhY'
under continuous CCTV
ii. EVMs tCUtl brought to the counting tables round-wise
coverage.
agents at each counting table
iii. Every candidate is allowed to depute counting
counting process'
inside the counting hall to keep a strict vigil on the
seals are verified' shown to the
iv. The unique ID number of tte CU and signed
counting agents.
strongroom in presence
v. After coun;ng, EVMs and VVPATs are kept back in the(EP) period'
of candidate/agents till the end of the Election Petition
Hence, the entire lange of end-to-end activities
involving the EVMs and VVPATS are
carried out by the field election machinery
of any blind spots or areas of concem in
the political parties/candidates leaving nicope
process'
terms of the EVM ecosystem during the election
 ANNEXURE-2

nds

the 'said
Reference is invited to the Memorandum
dated 2r.05.zorg, hereinafter referred to as
Hon'ble Commission during the meeting with
the
Memorandum', which was presented to the
ECI, wherein certain concerns and demands
Political Party representatives yesterday at the
havebeenoutlined.WhiietheCommissionappreciatesthekeeninterestofthepolitical
the various suggestions made for the
parties in the election process and acknowledges
to address the issues highlighted in the said
betterment of the overarl system, it is important
rules, guidelines and sheer expediency ,
if any '
Memorandum on the touchstone of extant
citing youl concern regarding
2. with reference to Para 3.1 of the said Memorandum
discrepancY in the vvPAT slip and
EvM count and the absence of procedural guidelines
that detailed guidelines have been issued
by the commission vide
thereof, it is informed
(copy enclosed- Annexure-2A), whereby all
been addressed and course of action
il, ,.gutding the EVM-VVPAT mismatch have
prescribed.
and 3'3 regarding the absence of any
.'
with refere nce to your contention in Paru 3.2 l{I
orricers'
i.r"n,,rl';Hffi;; ffi;;
,,i;-.orrt mismatch to the ECI from the Returning
r^..-.^r ^- ['VlVfs "nd WPATsWP
^o-c

it is stated that
(Document No. 2 & Edition- ' len ZOtg) zurvl spcuruu'a,J Prv for detailed format at pata
,p".ifically provides
es if noticed,
16.!z,whereintn.a.tuitrofthevvpATslipcount,includinganydiscrepanct
^ /^1rlrr 9^- +1"a Qfofe
State aq n whole'
as a whole.
the commission bv the cEo for the
IiJi;;":"d; and submitted to
was reiterated vide Commission's letter
No'
The said instructions and report format lPI fnr r"eadv
ror readv
copy of which is annexed (Annexure-28)
iirt riiilr'Jir*r u*"u or.ou.rorr,
reference.Further,ria"rut.r,instructionraut"a2l'05'2019(Annexure-1)'thecommission vvPAT
in respect of a1l cases of mandatory
para4 (d) that a detailed report
has mandat ed al
be submitted to the
verification, including VVPAT slip count done under Rule 56 D shall
slip and a detailed enquiry
immediately a{ter the completion of the counting process
commission
of mismatch between the VVPAT and
EVM' Hence' it is
is to be conducted in uit cases
absolutelyincorrecttoallegethattheCommissionisnotinterestedinknowingthecauseof
count process'
discrepancies, if any, during the VVPAT
sampling
Memorandum pertains to the random
4. The demand at para 5.1of the said
begins rather than after
and verification of sFpar, to
be done before the counting process
practice' The reasoned
of EVM counting' as is the extant
the completion of all normal rounds
responsetothisdemandhasbeenincorporatedinthemainbodyoftheinstantletteritself.
Memorandum regarding lo0% count
of
5. In respect of demand at para 5.2 of the said verification process, it is stated with
paper slips in .ur" of any discrepan;
in vvPAT
the design and technology of the
EVM and vvPAT system
absolute confidence and trust that if the laid down
completery rure out the possib,ity
of u ivper printing the incorrect srip
and corresponding symbol loading
in the vvPAT is
procedure of commisrionirg of EvMs the polling
few scenarios owing to human error by
strictly adhered to. However, there are
6
staff during actual polls in which the total VVPAT Slip count may vary from the CU count
such as cases where VVPAT slips are not fully removed from the VVPAT after mock
poll or
Close-Result-Clear (CRC) protocol is not done in CU after mock poll or other such cases of
human error. In this regard, your attention is invited to Commission's letter dated
Zl.0S.Z0lg (Annexure-2A), wherein standard instructions have been issued vis-a-vis the
procedure to be followed during counting all such cases of non-deletion of mock poll data
from the Control Unit or the non-removal of mock poll slips from the VVPAT at the
polling
stations. Such cases will be suitably addressed and explained by the RO/ARO
during the
counting process. Further, the issue of mismatch has been dealt with in the said instructions,
including the provisions of Rule 56D(a)@) of the Conduct of Election Rules, 1961 and the
steps to be taken thereafter, including a thorough enquiry/analysis of all such cases.

6. Further, demand 5.3 of the said Memorandum essentially seeks clarifications on the
issues flagged in 4.7,4.2, 4.3 and,4.4, which are duly responded as follows:

a) 4.1 a11d 4.2: ln of any mismatch between the CU and the Form 17 C' the
case
procedure as laid out in para 2 and para 3 of the Commission's instructions dated
21.05.2019 (Annexure-2) is to be followed'
b) 4.3: The process as explained in clause 12.1 (a), 12.1 (b) and 12.1 (c) of the
Handbook for counting Agent- Feb 2019, document No. 24, Edition-l, as is
extracted in the said Memorandum at page 4, is correct and there is no change
in the
procedure explained in the said paras'
4.4: Clause 16.1 of the Handbook for Counting Agent- Feb 20L9, document
No.
c)
24, Edition-l, extracted on page 4 of the said Memorandum needs no amendment
as

it pertains to the demand for recount of the result shown by a particular EVM (CU)
during a specific round and is not in exclusion or supersession of the provisions
of
Rule 56 D of the Conduct of Election Rules, 1961'