MEMORANDUM

April 12th 2019

Ref: 0022A/2019

To,
Chief Election Commissioner &
His Companion Election Commissioners of India

The Election Commission of India,

Nirvachan Sadan
New Delhi - 110001

Dear Sirs,

RE: MALFUNCTIONING OF EVMS & OTHER ISSUES DURING

PHASE – 1 OF LOK SABHA ELECTIONS 2019

REQUEST FOR URGENT AND NECESSARY DIRECTIONS TO ALL

CHIEF ELECTORAL OFFICERS, BOOTH LEVEL OFFICER AND
OTHER ELECTION OFFICIALS TO ENSURE PROPER
FUNCTIONING OF EVMS DURING THE LOK SABHA 2019

&

INITIATE IMMEDIATE INVESTIGATION INTO THE

MALFUNCTIONING OF EVMS AND OTHER ISSUES REPORTED
FROM VARIOUS STATES DURING THE FIRST PHASE OF LOK
SABHA ELECTIONS ON 11.04.2019

This is to bring to your urgent attention certain serious and grave concerns
that the Hon’ble Commission needs to take immediate note of.

I
On 11.04.2019, first phase of the Lok Sabha elections 2019 commenced in 20
states of India, and approximately 13.97 crores voters approached their

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respective polling stations and booths to caste their votes in order to elect
their representatives for parliament and legislative assembly (in certain
states).

However, since the beginning of the polling day, i.e., 7am till its conclusion at
6pm, numerous reports regarding malfunctioning of EVMs and other issues,
such as maoist threats, violence around booths, voter deletion etc. were
received from all around the country. Please see Annexure 1.

Voters from Uttrakhand also reported an incident, which was not only in gross
violation of the Model Code of Conduct and Section 126A of the
Representation of People Act, 1951 but was also very inappropriate of an
election candidate and a sitting member of Parliament. The said incident
involved, Mala Rajya Laxmi Shah, the candidate from Tehri Garhwal
Parliamentary constituency in Uttrakhand, who printed voter slips on her
election pamphlet and distributed the same to the voters for carrying along to
their respective polling booths. Furthermore, it was also reported that many
voters who had not received any voter slips from Mala Rajya Laxmi Shah had
their names were missing from the electoral list. Please see Annexure 2.

Voters from Ghaziabad constituency in Uttar Pradesh reported that pictures

of Gen. V.K Singh, the candidate contesting from the said constituency and
belonging to the ruling party, BJP was found to be pasted right outside the
polling stations in Schiller School, Ghaziabad. Please see Annexure – 3.

It may well be mentioned that as per the statements issued by the CEO of
states and other election officials, numerous issues were reportedly resolved
by this Hon’ble Commission and its officials, however issues such as
malfunctioning of EVMs undoubtedly raise the following questions for
consideration:

a) Despite pre-testing of each and every EVM, why are malfunctioning

and glitches being reported from thousands of machines across the
nation?

b) If a particular EVM and VVPAT malfunctions mid way of the voting

process and is consequently replaced with another EVM, then are the
votes cast on the malfunctioned machine properly accounted for?

c) Despite numerous election officials keeping a check on the election

candidates and their campaigning activities, how is it that members of

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 the ruling party are circumventing the checks and balances which are
in place for ensuring a level playing field between all the political
parties?

II
It is surprising that all these reports have come in only for a single day of
voting in the Lok Sabha elections 2019. Therefore, we apprehend that the said
incidents may only amplify in the coming days and election phases, if this
Hon’ble Commission fails to take action and initiate immediate investigation
EVM malfunctioning and other grave issues being reported from poll bound
states.

It is our suggestion that if a particular area or polling station/booth reports

any issue regarding EVMs, election violence/threat or incidents of undue
influence, then election officials should be immediately deputed to the said
areas along with security forces and made to prepare a detailed report for the
public and media. Furthermore, the time for voting may also be extended in
certain cases, where voters are unable to cast their votes due to
malfunctioning of EVMs.

We hope the Commission treats these matters with the attention they deserve.

Warm Regards