Polling Station

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Introduction
Polling station (commonly called polling booth) is the physical locus where electors assigned to a polling area exercise the franchise on the day of poll. It is the single most sensitive node in the electoral chain: the integrity of an election is frequently won or lost at the polling station. For practitioners, mastery over the law and practice governing polling stations — their location, staffing, equipment, duties of officials, role of candidates and agents, and remedies for irregularities — is essential for effective client representation in election disputes, criminal complaints and writs.

Core Legal Framework
– Constitution of India, Article 324 — vests the Election Commission of India (ECI) with “the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections” to Parliament and State Legislatures. Powers under Article 324 underpin ECI directions and manuals that govern polling stations.
– Text (key part): “The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections… shall be vested in a Commission…”
– Representation of the People Act, 1951 (RP Act)
– Section 123 — defines “corrupt practice” (bribery, undue influence, appeals on grounds of religion/caste, etc.). Conduct at and around polling stations is often challenged under corrupt practice provisions.
– Section 135A (inserted later) — criminalises booth-capturing and prescribes penal consequences for forcibly preventing electors from freely exercising the franchise (practitioners should check the latest text and amendments).
– Part VI & VII of RP Act — procedural chapters concerning election petitions and trial of offences under the Act; an aggrieved candidate may, post-poll, contest results by election petition (see relevant provisions for limitation and procedure).
– Conduct of Election Rules, 1961 (and subsequent ECI instructions / amendments)
– The Rules and ECI manuals/statutory orders set out granular procedure on: declaration and numbering of polling stations, appointment and duties of Presiding Officer and polling personnel, conduct of poll (including mock poll and sealing of EVMs/VVPATs), role and rights of polling agents, tendered votes, facilities for senior citizens/divyangjan, polling station security and closure, and preservation/inspection of polling station documents.
– Election Commission of India (ECI) orders, Model Code of Conduct and Manuals
– The ECI’s “Handbook for Returning Officers and Presiding Officers”, Model Code of Conduct notices, circulars on EVMs and VVPATs, guidelines on accessibility, parking and security, and specific instructions on use of CCTV at polling stations are practically determinative for on-ground arrangements.

Practical Application and Nuances
Day-to-day reality at the polling station is governed less by high-style statute than by ECI rules, presiding officer practice and on-the-spot discretion. The following points are what a practitioner must know and use.

  1. Designation, location and alteration of a polling station
  2. Polling stations are notified after review of electoral rolls and local convenience: proximity to voters, suitability for secrecy of the ballot, security and accessibility. ECI guidelines require reasonable access for elderly/disabled voters.

  3. Tactical disputes: relocation or re-numbering shortly before poll can prejudice a candidate. Remedies: urgent representations to the Returning Officer (RO)/District Election Officer and, if not remedied, writ petitions under Article 226/32 seeking interim directions (e.g., clear signage, transport facilities, temporary polling stations). Time is of the essence — seek immediate interim relief rather than waiting to litigate after poll.

  4. Presiding Officer, polling staff and duties

  5. The Presiding Officer is responsible for maintaining order, ensuring rolls are followed, conducting mock poll, managing EVM/VVPAT seals and maintaining poll records (e.g., marked copy of roll, register of voters, tendered ballot list).

  6. Practitioners must be conversant with the exact duties and be present through the agent system; candidate agents are the first line of defence against irregularities.

  7. Role and rights of polling agents

  8. Polling agents are authorised to be present inside the polling station, to object to voters, to note entries, to observe the conduct of polling and to sign certain records. If agents are wrongly denied entry or obstructed, an immediate protest should be made in writing, copies given to Presiding Officer and RO; contemporaneous evidence (signed memo, witnesses, photographs) is crucial.

  9. Forms, records and documentary proof to preserve

  10. Key materials that must be preserved and collected if a dispute arises: certified copies of polling station records (marked electoral roll as used at the station), the Presiding Officer’s diary, list of tendered votes, mock poll records, a copy of the account of votes recorded in the EVM/VVPAT (and the seal impressions), agent’s memorandum of protest, and contemporaneous photographs/video. Obtain certified copies promptly; ECI rules prescribe retention and inspection windows. Failure to preserve may be fatal in an election petition or criminal prosecution.

  11. Typical polling-station irregularities and evidential requirements

  12. Booth-capturing: proof usually includes witness statements (voters, agents), video/CCTV footage, copies of FIR and medical reports (if violence), discrepancies in turnout percentages, and tampering evidence with EVM seals. Lodge immediate criminal complaint and simultaneous RO notification.
  13. Undue influence, bribery, inducement: contemporaneous evidence — bank/transaction records, photographs, admissions, and witness affidavits — plus pattern evidence (vehicles transporting voters, bulk distribution of goods near the booth) are needed.

  14. Interference with polling agents: contemporaneous, signed memo by agents and witnesses, and official inaction logs are critical for judicial relief.

  15. Counting the vote and post-poll inspection / preservation

  16. After poll, EVMs and VVPATs are sealed per procedure. Candidates and agents have statutory time-limited rights to inspect/obtain copies of certain records; timely exercise and documented requests are essential before filing election petitions. Preservation petitions under Article 226 can secure retention of EVMs pending litigation.

Landmark Judgments (principles to note)
– People’s Union for Civil Liberties (PUCL) v. Union of India (Supreme Court) — the Court accepted use of Electronic Voting Machines (EVMs) subject to safeguards to ensure transparency and fairness: mock polls, sealing procedures, and right of candidates/agents to satisfy themselves about the integrity of machines. The judgment underlines that procedural safeguards at the polling station are constitutional safeguards for free and fair elections.
– Supreme Court and High Court jurisprudence on booth-capturing and electoral malpractices (doctrinal summary) — courts have consistently held that:
– Polling station irregularities that affect the outcome (booth-capturing, large-scale bribery, systematic exclusion of voters) can render an election voidable and justify setting aside results.
– Courts expect contemporaneous proof and proof of causal impact on result; mere administrative irregularity absent material prejudice may not invalidate an election.
(Practitioners should cite the most recent precedents in their filings; the two principles above are pervasive across judgments.)

Strategic Considerations for Practitioners
– Pre-poll strategy
– Deploy polling agents strategically: ensure coverage of key booths, train agents in record-keeping and in making signed contemporaneous objections.
– Verify polling station location decisions months in advance; if accessibility concerns exist, file an early representation to the RO and to ECI with local evidence (maps, photographs, voter complaints).
– Secure instructions from ECI (or state election authorities) on CCTV, polling day prohibitions under Model Code and rules applicable to the constituency.

  • On-poll strategy
  • Immediate remedies are practical: written protest to Presiding Officer and RO, contemporaneous signed statements from agents and voters, on-record complaints to police, and collection/preservation of evidence (photos, videos, witnesses).

  • If a disturbingly serious irregularity occurs (booth-capturing, mass intimidation), seek urgent intervention from the Returning Officer or Election Commission, simultaneously file an FIR and approach the High Court for interim protection (e.g., direction to re-conduct poll at affected station(s) or to secure EVMs).

  • Post-poll strategy

  • Secure certified copies of polling station records quickly; the rules often contain narrow timelines.
  • If contesting results, prepare an election petition (RP Act procedure) focusing on (a) contemporaneous record of irregularity; (b) proof of causal impact on poll outcome; and (c) non-availability of efficacious alternative remedies.
  • Consider parallel criminal proceedings for offences under RP Act (booth-capturing, corrupt practices) to both vindicate client interests and create public record.

Common pitfalls to avoid
– Relying solely on post-facto reconstruction; courts prefer contemporaneous documentation and immediate complaints.
– Failure to preserve EVM seals, hard evidence and original records — once destroyed, courts are hesitant to draw adverse inference absent strong proof.
– Delaying writs or criminal complaints until after result declaration — many interim remedies (re-poll at a station, protective directions) require immediate action.
– Over-reliance on general allegations of intimidation without specifying the polling stations, times, witnesses and nature of coercion.

Checklist for immediate action when an irregularity occurs at a polling station
1. Agent(s) to make a signed written protest and demand entry into the record of the Presiding Officer.
2. Immediate FIR at nearest police station and obtain FIR number; inform Returning Officer and send a written copy of the complaint.
3. Take photographs/video (subject to local restrictions), obtain witness names and signed statements.
4. Preserve/seal evidence (e.g., photographed EVM seals), obtain written confirmation from Presiding Officer about condition of EVM/VVPAT.
5. File prompt representation to RO and ECI; if ECI/RO does not act, consider urgent writ and criminal follow-up.
6. Post-poll, apply for certified copies of relevant polling station records within the timeline allowed by rules.

Conclusion
The polling station is where election law meets hard reality; the rules and ECI manuals provide procedural scaffolding, but success for a practitioner turns on preparation, contemporaneous proof and speed of response. Protecting client interests requires (a) prevention — meticulously selecting and managing polling agents and contesting adverse station relocations early; (b) immediate remedies — contemporaneous protests, police FIRs and RO/ECI representations; and (c) robust post-poll litigation — preserving records and framing election petitions/criminal complaints to show material prejudice. In short: be present, be prompt, and preserve the record — the law and courts will seldom rescue a litigant who lets a polling station irregularity go undocumented.