Representation of the People Act, 1951

Section 64: Counting of Votes under the Representation of the People Act, 1951

Section 64 governs who conducts and supervises the counting of votes in Indian elections, and protects the right of contesting candidates, election agents and counting agents to be present during counting. The detailed process is governed by the Conduct of Elections Rules, 1961 and directions of the Election Commission of India.

Text of Section 64 - Counting of votes

At every election where a poll is taken, votes shall be counted by, or under the supervision and direction of, the returning officer, and each contesting candidate, his election agent and his counting agents, shall have a right to be present at the time of counting.

Meaning and scope of Section 64

The returning officer is the election official appointed to administer the election in the constituency, including the counting and declaration process. Counting may be performed by authorised personnel, but it must remain under the returning officer's supervision and direction. The law grants each contesting candidate, the candidate's election agent and appointed counting agents a right to attend counting. The exercise of this right remains subject to lawful admission, identity, security and counting-centre arrangements.

How counting of votes takes place

Preparation: The returning officer fixes the counting arrangements, verifies relevant seals and records and admits authorised counting personnel and agents in accordance with election rules and instructions.
Postal ballots: Postal ballots, including electronically transmitted postal ballots where applicable, are scrutinised and counted in accordance with the relevant Conduct of Elections Rules, 1961 and Election Commission instructions.
Electronic voting machines: Votes recorded in EVM control units are counted under the applicable rules and safeguards. VVPAT paper slips are verified or counted where required by the rules and binding directions.
Tabulation: Candidate-wise votes and round-wise results are entered in prescribed forms and checked before the final result is determined.
Result: The returning officer completes the prescribed formalities and declares the result in accordance with the Act and rules.

Specific arrangements, such as the sequence of postal-ballot and EVM counting and the number of VVPAT verifications, must follow the applicable rules and current Election Commission instructions rather than a fixed assumption for every election.

Rights of candidates and counting agents

The statutory right to be present facilitates transparency and scrutiny. Authorised agents may observe counting and raise objections through the prescribed procedure, including requests for recounting where permitted by Rule 63 of the Conduct of Elections Rules, 1961. A recount is not automatic: the returning officer considers the grounds stated in the written request and records the decision in accordance with the rule.

Connected legal provisions

Section 61A: Voting machines at elections permits voting and recording through voting machines in constituencies specified by the Election Commission.
Section 64A: Destruction, loss or tampering with ballot papers sets out steps if affected votes cannot reliably be ascertained before counting is completed.
Section 65: Equality of votes addresses a tie in votes in specified circumstances.
Section 66: Declaration of results addresses the formal result declaration.

Frequently asked questions

Who is responsible for counting votes?

The returning officer counts votes or supervises and directs authorised personnel who do so, as required by Section 64.

Can a candidate's counting agent attend?

Yes. Section 64 expressly grants the candidate, election agent and counting agents a right to be present at counting, subject to applicable admission and conduct rules.

Does Section 64 itself specify EVM or postal-ballot counting steps?

No. It establishes supervision and attendance rights. Detailed procedures are supplied by the Conduct of Elections Rules, 1961 and Election Commission instructions.

Official legal resources

For an actual counting dispute, consult the applicable election notification, prescribed forms, rules and Election Commission directions, as well as any binding court order.