Bengal elections: From ‘clean poll’ to repoll, ECI ties itself in knots over Falta

The notification issued on the evening of Saturday, 2 May countermanding the election in West Bengal's Falta Assembly constituency makes for interesting reading. It suggests that black adhesive tape — a piece of which was recovered and an FIR lodged (why the others were not recovered is not explained) — and perfume sprayed on the ‘ballot unit buttons’ were used to tamper with electronic voting machines (EVMs). Another reason cited for countermanding the poll is ‘companion voting’, or voters being assisted by companions to cast their vote.

One more curious aspect flagged in the notification is that video footage from the Bihar Assembly election held last year was made available to observers in Falta. The notification does not explain how this was possible, or whether the Commission itself reused CCTV units from Bihar without clearing them.

Returning to the allegation that black adhesive tape was placed on ballot units, the Election Commission of India (ECI) suggests it was done so that voters would fail to see the symbol and press the button for a specified candidate. How this escaped the notice of CCTV cameras, presiding officers and observers is unclear.

Similarly, the ECI alleges that perfume was sprayed on certain buttons on the ballot unit so that voters pressing a particular button in favour of a specified political party and candidate could be identified outside the booth, presumably by rival agents smelling voters’ fingers. What is also remarkable is that the returning officer, in his report on 30 April — the day after polling — acknowledged receipt of such complaints but went on to state that they did not interfere with the ‘free, secret and peaceful’ polling.

The passage from the report cited in the notification reads: “…there were allegations of affixing tape and scent, ink etc but these acts, whether they happened or not, we can be certain that they never interfered in the process of ensuring free, secret and peaceful poll. That much is certain from the scrutiny of documents like ‘proceeding’ (sic) officer’s diary, form 17A and other supporting documents.”

Twenty-four hours later, on 1 May, the report and the ATR (action taken report) were dismissed as ‘unreliable and untruthful’ by the district election officer (DEO)-cum district magistrate and the special state observer. They found that the RO (and the general observer) had failed to examine video footage and take into account the complaints. The special state observer found evidence of intimidation and obstruction of voters, as well as the illegal presence of party cadres inside polling booths.

The special state observer also received a complaint from an unidentified candidate of a political party, who claimed that the RO had sent intimation of scrutiny on 30 April (the day after polling) by email and WhatsApp, but not in writing as required under law. In his report on 1 May, the special state observer noted that when asked to produce video footage from polling booths, the RO produced chips that either had no recordings or contained large, unexplained gaps.

In one booth, CCTV footage was reportedly missing from 7.00 am (start of polling) to 3.41 pm, while at another it was missing from 7.22 am to 1.39 pm. Footage at other booths was also missing for long periods, the observer found. He also referred to the report of police observer Ajay Pal Sharma, the IPS officer from UP who drew attention for allegedly threatening voters and a candidate but was not withdrawn. In his report, Sharma recorded that there was an ‘atmosphere of fear’ in the constituency.

Trinamool Congress spokesperson Kunal Ghosh asked in a video statement why the ECI failed to detect constituency-wide rigging on polling day. He pointed out that every booth was under CCTV surveillance and monitored from the CEO’s control room. The CEO had, in fact, expressed satisfaction after polling concluded on 29 April and ruled out any possibility of a re-poll.

Police observer Sharma — allegedly an 'encounter specialist' from UP — was recorded threatening voters in Falta, and the ECI had deployed an unusually large number of CAPF personnel to ensure ‘free and fair’ polling. It had also replaced officers with its own chosen officials.

“And yet, you failed to even detect, let alone prevent, rigging in Falta,” Ghosh mocked.