Explained: What is the process of voter deletion in India? Can software really delete votes, as Rahul Gandhi alleges?

Congress leader Rahul Gandhi on Thursday accused Chief Election Commissioner Gyanesh Kumar of protecting those who “destroyed democracy” and cited data from a Karnataka Assembly constituency to claim that the votes of Congress supporters were systematically deleted ahead of elections.

Rahul Gandhi cited details of alleged attempts to delete votes from Karnataka's Aland constituency in the run-up to the 2023 assembly polls. He also gave the example of Maharashtra's Rajura constituency, where he claimed voters were added fraudulently using automated software.

“The same system is doing this. It is doing it in Karnataka, Maharashtra, it has done it in Haryana, Uttar Pradesh, and we have proof of it,” the leader of the Opposition in the Lok Sabha alleged.

The Election Commission of India responded with a five-point rebuttal denying Rahul Gandhi’s allegations. The poll panel said no votes can be deleted online, “as misconceived by Rahul Gandhi”. Portals and apps only allow applications to be filed, which then go through scrutiny.

In its point number 4, the poll panel, however, admitted to ‘unsuccessful attempts made for deletion of electors in Aland Assembly Constituency’ in 2023.

“In 2023, certain unsuccessful attempts were made for the deletion of electors in the Aland Assembly Constituency and an FIR was filed by the authority of ECI itself to investigate the matter,” the poll panel said.

The deletion process explained

So, what is the process of deletion of voters? Voter deletion in India is a multi-step, legally defined process under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960. The process is designed to prevent misuse and ensure that no one loses their vote without being informed or given a chance to contest it.

Names can only be removed through Form 7 applications, scrutiny, ground verification by Booth Level Officers, and a final order by the Electoral Registration Officer (ERO). Both the voter and the applicant have the right to be heard before any deletion is approved

The Form 7

To begin the deletion process, one needs to fill out and submit Form 7 to the Electoral Registration Officer (ERO). This form can also be filled out online on the Election Commission of India's website. Voters can use this form to delete their names or somebody else's names from the voter list. You will need key details such as the constituency name, the voter ID number, the reason for seeking deletion, and the applicant’s own details and signature.

Once submitted, the local Booth Level Officer (BLO) issues an acknowledgement.

Reasons for the removal of name

The application for deletion needs a valid reason. Among the valid reasons for removal of names from the voters' list are that 1) death of the voter, 2) has permanently shifted to another constituency, 3)is not found at the registered address, 4) has been entered twice, or 5)is not an Indian citizen.

The Election Commission scrutinises the application before proceeding with the deletion.

After the Form 7 is filed and scrutinised, the poll panel issues a notice to the voter, specifying the date, time, and place of a hearing.

A Booth Level Officer visits the address of the voter in question to check whether the voter is still living there, has passed away, or if the entry is a duplicate.

Both the applicant who sought deletion and the voter whose name is under question have the right to be heard. The EC officials may ask for documents, demand personal appearance, and even record statements under oath before taking a decision.

ERO rejects or accepts the application

Finally, the poll panel, ERO or the Electoral Registration Officer in this case, passes an order either rejecting the application or accepting it. The deleted voters will not reflect in next voter rolls.

In case a voter finds that her/his name has been wrongly deleted, the order can be challenged and the application has to file Form 6 with proof of residence and identity. False declarations made in a Form 7 application are punishable under Section 31 of the Representation of the People Act, 1950.

What happened in Aland in 2023

So, by EC’s admission, there were attempts for deletion of voters in Aland assembly seat in 2023. The case came to light way back in February 2023, when senior Congress leader and then Aland candidate BR Patil was alerted about several applications being filed for voter deletions in his constituency, without the knowledge of the voters. Patil, filed a complaint with the poll panel.

“One of the Booth Level Officers [BLOs] received a Form 7 application to delete her brother’s vote, when he had not even applied. Her brother was my supporter. The application was made in the name of another voter in the same village, who was also not aware of it. This tipped us off,” Patil told the Hindu newspaper.