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India Today
11-08-2025
- Politics
- India Today
Rahul Gandhi vs Election Commission: Politically loud, legally hollow
Last week, Leader of Opposition in the Lok Sabha Rahul Gandhi alleged widespread voter fraud during the 2024 Lok Sabha elections, particularly at the Mahadevpura constituency in Karnataka. He claimed that over 1,00,000 votes were 'stolen' due to duplicate entries, fake addresses, bulk registrations and multiple votes being cast using the same EPIC number. Additionally, he presented what he described as evidence of a voter, Shakun Rani, casting her vote twice in the Election Commission strongly refuted Rahul Gandhi's allegations and called them baseless and a repetition of previously debunked claims. The ECI demanded that Gandhi either file a formal complaint following proper procedure or submit documentary evidence under oath to substantiate his claims. The Chief Electoral Officers of three states, Karnataka, Maharashtra and Haryana, also wrote to Rahul Gandhi to submit an official complaint with details of the allegations raised by him and the evidence supporting it under Electoral Officers in their communication have asked Rahul Gandhi to collate all evidence and sign an oath under Rule 20(3)(b) of the Registration of Electors Rules, 1960 to enable the authorities to initiate an official inquiry into the the many claims and denials, India Today explains what the law says regarding such a situation, whether the Election Commission is empowered to ask for such an affidavit from Rahul Gandhi and what can be expected from this entire IS RULE 20(3)(b) AND IS IT APPLICABLE?Rule 20 of the Registration of Electors Rules, 1960 says that a Registration Officer must quickly look into any request to add a name to the voters' list or any objection to an existing name. This can only be done within 30 days after the voters' list is first published. Under Rule 20(3)(b), the officer can also ask for evidence to be given under process is only part of the preparation stage for the voters' list. It ends with the 'final publication' of the list under Rule 22. Once that happens, the list becomes the official voters' list for the the final list is published, Rule 20 no longer applies for that election. Any disputes about the list after that stage can only be taken to court, not handled through the same administrative this case, since the 2024 Lok Sabha election is already over, using Rule 20—which is meant for preparing the voters' list—to investigate allegations about the final list is not in line with the in the Election Commission say that it is true that Rule 20 deals with inquiries into claims and objections made after the draft electoral roll is published. But they point out that there is no other rule that allows the ECI to seek details from someone making such further say that Rahul Gandhi can submit a formal statement about his allegations and provide the related evidence only under Rule 20. Since the Election Commission does not currently have the evidence he referred to, they need someone to formally take responsibility for the data before starting any official inquiry into the Rule 17 of the Registration of Electors Rules, 1960 clearly says that any claim or objection that is not made within the set time limit, or not in the required format, must be rejected outright by the Registration even if Rahul Gandhi did place the allegations raised by him under oath, according to the law, the Election Commission is bound to reject his claim due to their obligation under Rule IS LEGAL REMEDY AFTER POLL IS OVER?The law clearly says that if someone wants to challenge the result of a declared election because of alleged electoral malpractice — including mistakes or fraud in the voter list that may have changed the outcome — the only proper legal route is to file an Election Petition in is because any investigation by the Election Commission of India (ECI), whether started on its own or based on a complaint (even if under oath), is an administrative process. Such an inquiry can be important for improving the electoral system in the long run, spotting systemic problems, and planning reforms for future elections. But it cannot cancel or overturn the result of an election that has already been Representation of the People Act, 1951 (RPA) sets out the exclusive legal framework for challenging an election result in court. Under Section 81 of the RPA, a candidate or any voter in the constituency can file an election petition in the High Court — but only within 45 days of the winning candidate being declared elected. This deadline has already this case, the 30-day time limit under the Registration of Electors Rules, 1960 (for objections to the voter list) has also expired. Since both the 30-day limit under these Rules and the 45-day limit under the RPA have run out, there is now no legal process available to officially investigate Rahul Gandhi's claims of voter WHAT CAN BE DONE NOW?Even though the deadline has passed and no official complaint has been filed, the Election Commission of India (ECI) has a strong constitutional duty to ensure free and fair elections — a duty that goes beyond procedural 324 of the Constitution gives the ECI the 'superintendence, direction and control' over preparing electoral rolls and conducting the Supreme Court of India has time and again conferred 'plenary powers" on the Election Commission when the situation demands. These powers are meant to guarantee free and fair elections, especially in situations where the existing laws are silent or Supreme Court of India in the landmark 1978 judgment of MS Gill vs Chief Election Commissioner held that the Election Commission's authority could fill gaps left by the legislature and that administrative necessity might require action in scenarios unforeseen by Krishna Iyer, writing for the majority, expressed this shift by affirming that "where express statutory provisions exist, [the Commission] must act in accordance with, not in defiance of, such provisions," but also by insisting that in the absence or inadequacy of such provisions, the Commission must not be means that even if a formal complaint under oath is not submitted, the ECI is not absolved of its duty to investigate serious allegations of electoral malpractice, particularly when they are made publicly by a prominent political allegation of over 1,00,000 fake entries in the voters' list is serious and, on the face of it, raises questions about the fairness of the election. While the absence of an oath might affect the formal evidentiary value of the complaint, the ECI's overarching duty under Article 324 should compel it to conduct an internal inquiry to verify the facts for its own institutional purposes. Doing so is important to maintain public trust, find any possible criminal wrongdoing for prosecution, and take corrective steps to clean up the voters' list in the ARE CONSEQUENCES OF MAKING FALSE CLAIM UNDER OATH?The declaration under the Rules warns of severe penal consequences in case false statements are made under oath. The Rules state that "Giving false evidence is punishable under Section 227 of Bharatiya Nyaya Samhita 2023."Section 227 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offence of giving false evidence. It states that anyone who is legally bound by oath or by law to tell the truth or make a declaration, and makes a false statement knowing it is false, or believing it to be false, or does not believe it to be true, is guilty of giving false evidence. This applies not only to statements of fact but also to false statements about one's proved, the offence may invite imprisonment of up to seven years and a fine of up to Rs 10,000.- EndsTune InMust Watch
Time of India
11-08-2025
- Politics
- Time of India
Vote 'chori' row: EC repeats 'sign declaration or apologise' dare; adds ‘Rahul still has time'
Rahul Gandhi (PTI photo) NEW DELHI: The Election Commission , following notices from the chief electoral officers (CEOs) of Karnataka and Haryana, has reiterated that Rahul Gandhi "still has time" he should either submit a formal declaration supporting his "vote theft" allegations or "apologise to the country." The Karnataka CEO has asked the Congress MP to submit documents to support his "vote theft" allegations against the Election Commission of India. In a letter dated August 10, the Karnataka CEO noted that Rahul Gandhi, during his August 7 press conference, claimed to have presented documents from ECI records alleging that a voter, Shakun Rani, voted twice based on data shown by a polling officer. The polling body said that in a preliminary inquiry, Shakun Rani denied voting twice, and the tick-marked document displayed by Rahul Gandhi was not issued by the polling officer, raising doubts about its authenticity. The Karnataka CEO has asked Rahul Gandhi to 'provide the relevant documents' forming the basis of his allegation so that a detailed investigation can be carried out by the state's electoral authorities. On August 7, citing internal analysis, the Leader of the Opposition said Congress had expected to win 16 Lok Sabha seats in Karnataka but secured only nine. He said the party investigated seven unexpected losses, focusing on Mahadevapura, where he alleged vote theft involving 100,250 votes. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like If you have a mouse, play this game for 1 minute Navy Quest Undo 'We found 100,250 votes stolen in five different ways. Duplicate voters, fake and invalid addresses, and bulk voters in a single address, in a building with 50–60 people living. But when we go there, there is no record of those people living there. One family living in that house,' Rahul Gandhi said. The ECI, on Saturday, again asked the Congress MP to either give a declaration in line with the rules or apologise to the country for what it called 'false' allegations about voter lists.
Mint
11-08-2025
- Politics
- Mint
'Vote Chori' row: EC reiterates ultimatum to Rahul Gandhi — 'still has time to give declaration'
The Election Commission reiterated its ultimatum to Congress MP Rahul Gandhi on Monday, saying that he still has time to give a declaration on the first letter of the Chief Election Commission (CEO) of Karnataka and a reminder from the of CEO Haryana or apologise to the country over the 'vote chori' allegation. The Election Commission's statement came a day after a notice was issued by the Karnataka CEO and the reminder from the CEO of Haryana, news agency ANI reported. The Karnataka CEO asked Rahul Gandhi to submit documents to initiate inquiry into his "vote theft" allegations against the Election Commission of India. During a press conference on August 7, Rahul Gandhi levelled 'vote chori' allegation against the EC and BJP-ruled Centre, citing the Congress' internal analysis. The LoP stated that the Congress expected to win 16 Lok Sabha seats in Karnataka but ended up with only nine. In a letter dated August 10, the Karnataka CEO stated that Rahul Gandhi has claimed to have documents, presented during his August 7 press conference, from the Election Commission of India records – alleging that a voter, Shakun Rani, voted twice based on data shown by a polling officer. The Election Commision reportedly stated that upon preliminary inquiry, Shakun Rani has denied voting twice. The CEO's office also found that the tick-marked document presented by Rahul Gandhi was not issued by the polling officer, raising questions about the authenticity of the claim. The Karnataka CEO requested Rahul Gandhi to provide the relevant documents that form the basis of his allegation so that a detailed investigation can be conducted by the Karnataka electoral authorities. He said the Congress investigated seven unexpected losses, zeroing in on Mahadevapura, where he alleged vote theft involving 100,250 votes. Presenting Congress's research on voting in the Mahadevapura Assembly in Karnataka, Rahul Gandhi alleged "vote chori" (vote theft) of 100,250 votes. "We found 100,250 votes stolen in five different ways. Duplicate voters, fake and invalid addresses, and bulk voters in a single address, in a building with 50-60 people living. But when we go there, there is no record of those people living there. One family living in that house," he said. The Election Commission of India (ECI) on Saturday again asked Congress MP Rahul Gandhi to either give a declaration as per the rules or apologise to the country for his "false" allegations regarding the voter lists.
Hans India
11-08-2025
- Politics
- Hans India
Provide relevant documents: K'taka chief poll officer to Rahul on his ‘vote theft' claim
Bengaluru: Karnataka Chief Electoral Officer (CEO) V. Anbukumar has issued a notice to Congress leader Rahul Gandhi asking him to produce relevant documents to support his 'vote fraud' claim. The CEO also underlined that the documents, which Rahul Gandhi showed in the August 8 conference, were not official. The notice addressed to Rahul Gandhi stated, 'In your press conference, you have stated that the documents shown in your presentation are from the records of the Election Commission of India. You said: 'This is EC data'. You have also stated that as per the records given by the polling officer, Smt. Shakun Rani has voted twice. You have said; 'Es ID card per do baar vote laga hai, wo jo tick hai, polling booth ke officer ki hai'. (Two votes are given in this Voter ID card. The tick is made by the polling officer).' 'On inquiry, Smt. Shakun Rani has stated that she has voted only once and not twice, as alleged by you,' the CEO stated. 'Therefore, you are kindly requested to provide the relevant documents based on which you have concluded that Smt. Shakun Rani or anyone else has voted twice, so that a detailed inquiry can be undertaken by this office,' the CEO said. Addressing a massive gathering during the 'Our Vote, Our Right, Our Fight' rally against alleged election fraud, Rahul Gandhi had demanded that the Election Commission of India (ECI) provide the electronic voters' list for the past 10 years along with video recordings. Rahul Gandhi said that if the ECI is 'withholding' data, it indicates 'collusion' with the BJP in committing 'electoral fraud'. 'The Election Commission must understand that even if you don't provide the data, we can still uncover irregularities in 15 to 20 Lok Sabha seats. We already have the information. You can't hide and escape. One day, you will have to face the opposition. Each officer and the Commission must be aware of this,' he warned. Rahul Gandhi had said, 'If you (ECI) attack the 'One Man, One Vote' right enshrined in the Indian Constitution, we will attack you.'
Time of India
11-08-2025
- Politics
- Time of India
CEOs of Maharashtra, Haryana issue fresh letter to Rahul Gandhi, give him 10 days to prove 'voter fraud' claims
NEW DELHI: The chief electoral officers of Maharashtra and Haryana on Sunday sent fresh letters to Leader of the Opposition Rahul Gandhi, giving him 10 days to furnish a signed declaration with particulars of electors he alleged were fraudulently added, so that necessary proceedings may be initiated. Karnataka CEO too sent a notice to Rahul on Sunday, citing Mahadevapura voter Shakun Rani's denial of his claim at a recent press conference that she had voted twice from Mahadevapura AC in 2024 Lok Sabha polls. The Congress leader was requested him to provide the documents based on which he had reached the conclusion, so that a detailed inquiry could be held. 'On inquiry, Smt Shakun Rani (the voter in question) had stated that she has voted only once and not twice, as alleged by you. Preliminary inquiry conducted by this office also reveals that the tick-marked document shown by you in the presentation is not a document issued by the polling officer," the CEO said in a letter sent to the Leader of the Opposition in Lok Sabha. The Election Commission, in wake of the Karnataka CEO's latest letter to Rahul, once again asked him to submit a timely response. 'He should either file the declaration/oath under Rules 20(3)b of the Registration of Electors Act 1960 or apologise to the nation for making baseless allegation against EC,' said an EC functionary. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Affordable 60 sqm Bungalows in Malaysia: Perfect for the Elderly Prefabricated Homes | Search Ads Search Now Undo Sources said if Rahul does not furnish a declaration, his claims cannot be investigated since the law requires evidence by any person (who is not a voter in that particular constituency himself) to be tendered on oath. If Rahul were to furnish an oath and the evidence and it is found to be fabricated or false, Section 227 and 229 of the Bharatiya Nyaya Sanhita (BNS) (giving false evidence) shall kick in; the section provides for jail term up to three years and, if this false evidence is repeated in court, it invites jail up to seven years. Also, making false allegations in connection with preparation, revision or correction of electoral roll or inclusion/exclusion of any entry in electoral roll, is punishable with imprisonment up to one year under Section 31 of the Representation of the People Act, 1950. Meanwhile, EC sources on Sunday told TOI that the alleged polling records shown by Rahul as 'EC data' with 'tick marks' against Shakun Rani's name, appear fabricated, as such records form part of Form 17A maintained and retained by the polling officer. Access to Form 17A is limited to authorised EC officials and these are not shared with the political parties. The parties' polling agents do get polling records but in Form 17C, which do not contain the voters' photographs. Form 17A is only produced before the court when sought in any judicial proceeding. Flashing a "forged document" at a press conference could spell legal consequences for Rahul as he may face an FIR for violation of Section 337 of the Bharatiya Nyaya Sanhita (BNS) 2023, which provides for jail term up to seven years for forging a govt-issued ID like voter identity card or a register maintained by a public servant. Also being in possession of such forged documents is a criminal offence under Section 339 of BNS, also punishable with imprisonment that can extend to seven years. EC sources said the Karnataka CEO is yet to receive any documents cited by Rahul at last week's press conference to allege 'massive voter fraud' in the state's Mahadevapura AC. Rahul Gandhi had, in his presentation at the press conference, displayed Shakun Rani's voter details in the electoral roll "obtained through RTI from EC ERO login" and the "BLA-marked electoral roll", and claimed in his remarks that the polling officer had ticked against her ID card twice, recording her duplicate votes. Interestingly, the role of a political party's booth level agent (BLA) is limited to activities concerning the electoral roll; it's the polling agents who represent the party and their candidates in the polling station are their polling agents.
