Nov 21, 2024

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Pavan K. Verma's column: There should be uniformity in the functioning of the Election Commission

Whatever the critics may say, I have always tried to maintain that the Election Commission of India is not discriminatory in enforcing its constitutional mandate of conducting free and fair elections. But recently I was very disappointed when I found that the allegations being levelled against the Election Commission seem to be true. I tried to contact Chief Election Commissioner Rajiv Kumar last week to inform him that the week-long celebrations of Chhath Puja will have a serious impact on the four by-elections in Bihar on November 13. As anyone familiar with Bihar knows, it is the longest running and most important festival of the state. This year it ran from November 5 to 8, though preparations had begun much earlier. During such festivals, politics becomes an unwanted interference and campaigning becomes difficult. However, the phone calls made by me in his office either went unheeded, or if I requested to talk or meet, there was no response. Every time their staff tells me that they are busy, and my message will be conveyed to them. My messages were also delivered on his personal mobile, but he did not get a reply. When I called, I was sent to a voice mail where I explained why I needed to speak to them immediately. But it was also of no use. Meanwhile, the Jan Suraaj Party (JSP) sent a written memorandum to the Election Commission in this regard, which was duly accepted, but no response was given nor did they get any invitation for the hearing. Petitions were also given to the Election Commission by dozens of independent organizations of Bihar associated with Chhath Puja, demanding to extend the date of election. Finally, it was only after a few crucial days had elapsed that the Chief Election Commissioner answered my call. He said if the Commission starts planning keeping religious festivals in mind, it will be impossible to hold elections. He added that even after November 8, there will be two days left for campaigning. But imagine how shocked I must have been when the same Election Commission soon after issued a directive that the by-elections in UP, Kerala and Punjab scheduled for November 13 would be postponed to November 20 due to "large-scale social, cultural and religious events". The Election Commission said these events "may cause inconvenience to a large number of people, create logistical problems and reduce participation of voters during polling". In the case of Bihar, there was sheer insensitivity towards the same reasons. Is it a fact that the Election Commission – as it is alleged to have – does not fulfil its constitutional duty of being an independent, autonomous and impartial ombudsman to conduct elections in the world's largest democracy? Worse, it is likely that its three commissioners – who, despite the Supreme Court's ruling to the contrary, are appointed through a process that suits the ruling party's tastes. Is this not a lesson for a government that supports 'one nation, one election' and yet the Election Commission does not show uniformity in changing the dates of by-elections? In October this year, the dates for the Haryana Assembly elections were changed to suit the religious requirements of the Bishnoi community. When I mentioned it, the reply of the Chief Election Commissioner was that in this case, the festival is coming on the day of polling. As if the disruption caused by festivals in democratic processes a week before the date of polling is of no importance. The JSP has approached the Supreme Court against such arbitrary double standards. As we await justice in this case, the perception that the Election Commission does not act impartially is getting deeper. It is deeply pained that former IAS officers have so transparently abandoned their conscience. Is this not a lesson for a government that supports 'one nation, one election' and yet the Election Commission of India does not show uniformity in changing the dates of by-elections due to festivals? (This is the author's opinion)

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Bhaskar

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