In a bold move to challenge the efficacy and integrity of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) in the conduct of Indian elections, NCP (SP)’s Uttamrao Jankar, the sitting MLA from the 254-Malshiras Assembly Constituency in Maharashtra, has given an ultimatum to the ECI for conducting a fresh by-election by ballot papers, serving evidence of legally sworn affidavits by voters in his constituency to the Election Commission of India (ECI) today.
Jankar has also offered to resign if the ECI agrees to conduct fresh by-elections. Failing the same, the MLA will then decide the next step of the agitation within the next 15 days. Jankar’s constituency includes the village of Markadwadi that had made history post declaration of results in Maharashtra on November 23, 2024. Electors had attempted to conduct a mock-poll with paper ballots as only 300 votes were recorded from a village where Jhankar’s supporters claimed to be 2,000. They were stopped in the exercise by the local authorities and police. A press conference will be held to announce next steps on January 24, 2025, at the Press Club of India, New Delhi, at 3 P.M. Former Justice Kolse Patil speaking on behalf of the movement, said, “we are fighting for the nation and want to produce evidence before the ECI against EVM manipulation” seeks appointment with CEC
Jankar has made it clear that he is willing to resign if the Election Commission does agree to his demand for a re-election using paper ballots. It is his claim that he got less votes from every village that were put in by the people in his constituency. He is determined to step down if the ECI conducts a fresh poll by the legally prescribed method i.e. Ballot Papers. As evidence, he has gathered around 1,76,000 notarized affidavits from individuals who claim to have voted for him, further strengthening his case. Today he submitted a sample of 1,300 of these in a bound volume to the ECI.
This move is part of a larger battle against the illegal use of EVMs and VVPAT machines, which, according to Jankar, compromises the integrity of the election process. Retired Justice Kolse Patil, speaking on behalf of the movement, emphasised that they are fighting for the nation’s democratic principles and intend to present evidence before the ECI.
Fighting in country’s interest, citing evidence of EVM manipulation since 2014
Justice (Retd.) B.G. Kolse Patil, former judge of Bombay High Court, has long been at the forefront of efforts to challenge the alleged manipulation of EVMs. Speaking to SabrangIndia, Justice Patil said that we are fighting completely for the interest of the country, and have been fighting since 2014. He alleges that post 2014, the government had through a variety of manipulations effected varations in the electronic voting system that allowed for non-transparency. He recalls how he had filed a petition in the Supreme Court before 2014, and Justice Ranjan Gogoi had remarked that, ‘EVM is not dependable.’ That is why the VVPAT was introduced. However limiting possibility of scrutiny of VVPATs and introduction of external elements through the SLU (internet linkages to the ECI website) have ensured vulnerability of the entire system.
Want to produce evidence before the Election Commission: Justice Patil
Justice Patil, speaking about the ongoing fight against EVM manipulation, emphasised the need to present concrete evidence to the Election Commission. He explained, “Now that he (Jankar) has been elected as an MLA, even he feels that EVMs should not exist for the benefit of the country. This is an exceptional case. When we lose, the Election Commission says we (are raising issue of EVMs only when we lost), so we should accept it! But here, we haven’t lost. Jankar has won. We want to change this system. And we want to provide proof for that. It’s not that we are talking casually; we are bringing proof. He has collected an affidavit from every voter in every village, and we want to present this evidence before the Election Commission. In the village where he should have received 1200-1500 votes, he only got around 300 votes. So, where did his votes go? When we were trying to establish this through a mock poll, you stopped it, which means you are hiding something.
“Recently, advocate Mehmood Pracha also sought video footage from all constituencies in Haryana, and the High Court approved it. After that, the government changed the law. So, the extent to which the government will go has crossed all limits of hiding and lying is beyond belief. We are fighting against this” justice Patil told Sabrang India
Trying to meet Election Commission Justice Patil
Justice Patil also expressed frustration over the Election Commission’s refusal tactics to meet with the delegation. He stated, “We are trying to meet with the ECI. We went to the Commission this morning, but we were not allowed to meet them. We will go again at 4 pm today. We know that the Commission will not meet us. If they don’t respect the Supreme Court, why would they meet us? But we will expose this no matter what. This is for the benefit of the nation; we don’t have any personal animosity with the Commission.”
It is to be noted that Uttamrao Jankar, sitting MLA and Justice Patil were not able to meet the Commission on the afternoon of January 23 as well, but were able to submit 1,300 affidavits as evidence to the Commission. As told by Justice Patil, they made it to the reception of the ECI, and submitted these sample affidavits to the ECI. Justice Patil said that they are ready to supply the truck full of the remaining affidavits to the authority as well, if they demand the same.
NSP (SP) MLA Uttam Rao Jankar announced press conference
MLA NCP (SP) Uttam Rao Jankar, Justice (Retd.) Kolse Patil and advocate & national convenor of Mission Save Constitution, Mehmood Pracha, under the banner of Mission Save Constitution, have announced a crucial press conference regarding the ongoing fight against the illegal deployment of EVM-VVPAT machines in India’s election process. This press conference will take place on January 24, 2025 at 3:00 P.M. at the Press Club of India, Raisina Road, New Delhi.
PRESS CONFERENCE
The winner MLA (Markadwadi area) Maharashtra offers to resign if @rajivkumarec @ECISVEEP ready to hold elections by ballot paper. Another #TruthOrDare for @narendramodi @AmitShah @RSSorg @BJP4India
FYI @RahulGandhi @kharge @priyankagandhi @Mayawati… pic.twitter.com/sc6xlIKujt— Mehmood Pracha (@MehmoodPracha) January 22, 2025
Markadwadi and the beginning of the protests
The controversy surrounding the 2024 Maharashtra State Assembly Elections began in the village of Markadwadi, located in the Sholapur district. Villagers in Markadwadi, a predominantly NCP (SP) supporting area, became increasingly dissatisfied with the election results, particularly with the outcome of the Malshiras constituency. On November 23, when the results were declared, NCP candidate Uttamrao Jankar emerged victorious, but many villagers questioned the voting patterns (as they emerged during the counting/results) in their own village. Markadwadi, with a population of approximately 2,000, had 1,900 voters, and the results showed that BJP’s Ram Satpute had received 1,003 votes while Jankar secured only 843 votes. This outcome seemed implausible to the villagers, as Jankar had historically enjoyed significant support in the region.
The plan for a re-poll with ballot papers
The villagers, frustrated with the electronic voting machines (EVMs), decided to conduct a symbolic “repoll” with paper ballots on December 3 to challenge the results and the credibility of the EVMs. They set up makeshift booths and electoral rolls, mirroring the official process. However, the authorities intervened with prohibitory orders and a heavy police presence to halt the protest. Despite the legal backing for paper ballots under the Representation of People Act, the administration deemed the mock poll illegal. The authorities insisted that the election process had been conducted transparently and declared the villagers’ attempt to hold a re-poll as unlawful.
FIRs and legal action against the protesters
In response to the planned mock election and following the unrest erupted in Markadwadi, the Solapur Rural police, day after filed an FIR on December 4 against newly elected NCP (SP) MLA Uttam Jankar and around 200 others for breaching prohibitory orders issued under section 163 of the BNS This came after the district administration had cancelled the planned re-polling exercise, which aimed to challenge the EVM results of the November 20 election. Despite the administration denying permission, MVA supporters, led by Jankar, decided to proceed with the ballot voting.
In anticipation of potential unrest, the district authorities also imposed prohibitory orders and deployed heavy police forces in the village. Jankar, who had defeated BJP’s Ram Satpute from Malshiras, by 13,000 odd votes, was present to support the mock polling. While the MVA supporters set up a pandal and made necessary arrangements, police held several meetings with the villagers and Jankar to persuade them to call off the event.
Protests in Pune, Sholapur and Akola
The dissatisfaction with the EVM results spread beyond Markadwadi. On December 5, protests erupted in Pune, Sholapur, and Akola, where demonstrators gathered to voice their discontent against what they called a “manipulated and fixed election.” The protests coincided with the swearing-in of the newly elected Maha Yuti state government, which further fueled public outrage. Demonstrators in Pune included leaders from the Indian National Congress (INC) and the UBT-Shiv Sena, who joined forces to demand an investigation into the alleged manipulation of the EVM process.
Growing public unrest and the EVM controversy
Across the state, allegations of EVM malfunctions and voting discrepancies became more widespread. Winning candidates like Jankar and Varun Sardesai from Shiv Sena (UBT) also raised doubts about the reliability of the EVM results. Sardesai noted the discrepancy between the postal ballot trends and the EVM results, which showed a dramatic shift in favor of the Mahayuti coalition, a result that appeared incongruent with the earlier postal ballot data. The public outcry grew as many felt the election process lacked transparency and fairness. In Solapur, local activist Raju Kohli voiced strong dissatisfaction, equating the swearing-in of the chief minister to the swearing-in of the EVM, not the will of the people.
As protests spread, the calls for electoral reform grew louder. More than 34 candidates across the state filed requests for verification of VVPAT (Voter Verifiable Paper Audit Trail) slips, highlighting the deepening concern over the EVMs’ reliability. The protests also saw participation from national leaders, including Congress President Mallikarjun Kharge, who led a rally in Delhi under the banner “Save Constitution, Save Waqf, Save Reservation, Remove EVMs.” These events marked a growing movement calling for the replacement of EVMs and a return to voting by paper ballots, which were seen as a more trustworthy method of voting.
Legal and Constitutional concerns over EVMs
The legal basis for the protests rested on the argument that the use of EVMs was not legally justified. According to Section 59 of the Representation of People Act, 1951, voting must be conducted through paper ballots unless the Election Commission issues a specific order under Section 61A to justify the use of EVMs. Critics also argued that the EVMs were being used without proper legal authorisation, leading to questions about the legitimacy of the voting process. This legal challenge formed the backbone of the protests, with activists and politicians calling for a revaluation of the electoral system.
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