lacking legal authority to countermand polls on charges of bribery, the Election Commission on Monday approached the Centre to make suitable changes in the law to equip the poll watchdog with such powers.
In 2012, the EC countermanded polls to a Rajya Sabha seat in Jharkhand after recovery of large amounts of cash from the vehicle of a candidate’s brother. Now, the EC wants powers to cancel polls or initiate such a process on “charges” of bribery for securing votes as is allegedly the case in Karnataka.
In a letter addressed to the legislative Secretary in the law Ministry, EC’s Principal Secretary KF Wilfred said that the commission has noted “over a period of time and especially in the recent years, misuse of money power is seen to be having a serious vitiating effect on the conduct of free and fair elections.”
The letter has been written in the backdrop of a sting operation by a TV news channel showing some Karnataka MlAs bragging about cash changing hands ahead of the Rajya Sabha elections due on June 11. The EC had sought a report from the Karnataka Chief Electoral Officer (CEO) on June 3 on the facts related to the sting operation.
Official sources in the commission said till date the report has not reached the EC. “The CEO has to see the CDs which the channel would provide and cull out portions where either bribe is being offered or demanded. Only then would the transcript be prepared,” they said. This is expected to take some time.
Section 58A of the Representation of Peoples Act allows the poll panel to countermand elections only on the ground of booth capturing.
This provision was inserted in 1989 as a bid to prevent criminalization of politics which had serious repercussions on conduct of free and fair polls.
In the fresh proposal, the EC has suggested addition of a new Section in the Act, namely Section 58B that will give power to either defer or countermand elections on grounds of “bribery”.
The March 2012 Jharkhand episode is being discussed in political circles, but some parties believe that the Jharkhand case was not similar to the scenario in Karnataka.
On Monday, a Congress delegation led by party general secretary Digvijay Singh approached the EC office in New Delhi urging it not to countermand elections to four Rajya Sabha seats from Karnataka and even dismissed suggestions that what was shown in the “sting operation” was “serious”. The delegation said that Jharkhand had witnessed cancellation of Rajya Sabha polls after a candidate was caught with cash in his vehicle, while nothing of that sort has happened in Karnataka.
The EC has requested the Government to take “early action” on its proposal. Though the EC enjoys powers under Article 324 of the Constitution to cancel or postpone polls if they have been vitiated due to use of money to get votes, RP Act Section 58A that is framed to define such powers does not provide such a ground for cancellation.
Meanwhile, Union law Minister DV Sadananda Gowda on Monday hinted that the Government was keen to introduce an amendment allowing an open ballot system to elect members to the State legislative Councils on the lines of the system for Rajya Sabha elections. “This in a way will minimize influence of money in these elections. We have made up our mind to bring in amendments to this effect,” Gowda said while speaking to reporters at Mysuru.
Sources in the law Ministry said under the proposed clause, the EC wants power to postpone polls in the affected polling area or areas to a later date or in the case where poll has already taken place, EC wants authority under law to declare the poll “void” and decide the fate of elections on a fresh date. The expression used in proposed clause 58B states ‘countermand the election’ that “shall mean rescinding of the entire electoral process in the constituency ab initio (from the beginning) so that the election in the constituency may be called anew in all respects.”