Fact Check: Misleading Claim About Challenged Vote Goes Viral Ahead Of Elections

A viral message about "challenge vote" and voting rights of Indian citizens is going viral on social media ahead of the Lok Sabha elections that begin from next week. The polls will be held in seven phases and results will be declared June 4.

What does it say?: The claim states the following points:

• When you reach poling booth and find that your name is not in voter list, just show your Aadhar card or voter ID and ask for " challenge vote" under section 49A and cast your vote.
• If you find that someone has already cast your vote, then ask for "tender vote" and cast your vote.
• If any polling booth records more than 14% tender votes, repolling will be conducted in such poling booth. (sic)

(Similar archives of claims can be seen here and here.)

What's the truth?: These claims are misleading.

Let's dig into it: The first pointer in the post says that if your name is not in voter list then you just have to show your Aadhar card or voter ID and ask for challenge vote under section 49A and proceed to cast your vote.

• However, this is false. When a person's name is not on the voting list, they simply can't vote.
• The Election Commission of India (ECI) issues the Voter ID card to citizens after their names have successfully been included in the electoral rolls of their constituency. Just because one has their Voter ID Card does not mean that that they will definitely be allowed to vote - because it is mandatory their name should appear in the electoral roll for them to vote.

What is a challenge vote?: The message mentions something called a 'challenge vote', and falsely quotes section 49A.

The Handbook for Presiding Officers, however, does indeed mention a 'Challenged Vote' .

A ‘Challenged vote' is where the polling agents challenge the identity of an elector and the presiding officer holds an inquiry into the challenge.

Meanwhile, section 49A in the 'Conduct of Elections Rules, 1961' describes the 'Design of Electronic Voting Machines', and has nothing to do with 'challenge vote'.

The second statement is true: The second statement in the viral message states that if you find that someone has already cast your vote, then you can ask for 'tender vote' and cast your vote.

• This is true. According to Rule 42 of The Conduct of Elections Rules, 1961, if the Polling Officer tells a person that their vote has already been cast, then one should immediately bring this to the attention of the Presiding Officer.
• In such a case, the Presiding Officer may ask questions to confirm one's identity.

Once s/he is convinced that their identity is genuine, he or she will provide a tendered ballot paper and one can cast a ‘Tendered Vote'.

• A tendered ballot paper is the same as the ballot paper displayed on the balloting unit, except that it will be endorsed (either stamped or written) with the words 'Tendered Ballot Paper' on the back.
• The last point: The message lastly states, "If any polling booth records more than 14% tender votes, repolling will be conducted in such polling booth."
• This statement is false. Speaking to The Quint, former Padma Angmo, Director, ECI, had clarified in 2019 that tendered votes will be taken into account only on the direction of a High Court.

“Courts have said that tendered votes should be taken into account only when they are likely to affect the outcome of the election, ie, when the margin of victory is less than the number of tendered votes,” she said.

Conclusion: A misleading claim about 'challenge vote' is going viral ahead of the elections.

(This story was originally published by The Quint, and republished by NDTV as part of the Shakti Collective.)