Gist of Suggestion - Ministry of Law and Justice

GIST OF SUGGESTIONS RECEIVED ON ELECTORAL REFORMS

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Sl.No Name & Address of Person

1. Shri Naveen Jindal, M.P. (Lok

Sabha)

Name of the

Orgn./Pol.Party/G eneral Public

Gist of Suggestion Broad category of

Complaint

(i) Due to variety of reasons certain people who are for the sake of travel, illness, disability, and personal difficulties including education, employment and otherwise, can not exercise their right of franchise. Therefore, he is of the view that some kind of facility like absentee voting, postal ballot etc. may be evolved so as to involve these people. He has also suggested.

(ii) To do away with the 'ordinary resident' clause for registration;

(iii) Suggested to provide voting facility to NRI in the embassy itself;

(iv) Suggested to improve access to voting of person belonging to SCs/STs/OBCs and minorities;

(v) Suggested to give voting rights to undertrial prisoners;

(vi) Suggested that media to be involved for improving voter participation; and

(vi) Suggested to provide provision for negative voting.

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Conduct and better management of elections

Remarks, if any

2. Shri Yashpal Singh, D.G.P

(Retd.), A-9,

Lawrence Terrace Colony,

Hazratganj,

Lucknow-226 001.

3. Shri Krishnappa

Kanvathirtha,

#769, M.C.Road Extension,

8 th Cross, Vijayanagar,

Bangalore – 560 040.

(i) To prevent criminals from entering into politics, the one option which would be viable if the Supreme Court of India passes an Order stating that any person if gets elected then all pending criminal cases should be disposed off by all the courts within a year from his/her election.

(ii) Suggested to obtain certificate no objection from the court for contesting elections.

Suggested that political parties should consider the following criteria while selecting the candidates :-

(i) He/She should not have involved or indulged in antisocial activities, criminal cases or anti-national activities.

Such people should be barred from contesting elections either for Panchayat, District Bodies, State Assemblies or

Parliament;

(i) He/she should be well-educated preferably a graduate. At least must have studied up to SSLC;

(ii) He/She should have the will to serve the public.

(iii) He/She should declare the assets and liabilities and source of income from which he/she acquired the above said properties or assets - whether cash or kind.

(iv) The Political parties should only consider the merit of the candidates based on their qualifications, experience in public service and the intention to enter the politics, but should not consider-his/her capacity to spend money in election, his caste I groups to which he/ she belongs and also the godfathers at the higher level.

Criminalisation of politics

Conduct and better management elections of

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4. Shri B.N. Pandey,

Raghubir Nagar, Ballabhgarh

Faridabad-121 004.

5. Shri Arvind Sanghvi,

Ex-Minister, Finance & Law,

Ex-Chairman-GHB,

3, Lalita Flats,

18, Shrimali Society,

Navarangapura, Ahmedabad

– 380 009.

Akhil Bhartiya

Lokraj Party,

(v) There should be restrictions and ban in putting up banners and cut outs of political leaders on each and every corner of the Road.

(vi) Door to Door canvas by groups should be banned before election. This only leads to number of mal-practices and corruptions.

(vii) The candidates should be given an opportunity to make an appeal to the voters through media and newspapers.

Here also the candidate should not criticize other rival candidates or political parties.

(ix) All the citizens (voters) of the country should compulsorily be made to vote. If they are not able to go the booth provision must be made to send his/her votes from their residence itself.

Received without enclosures. NA

(i) Suggested to put a curb on the regional parties as they have a debilitating and destabilising effect on government at the national level particularly in an era of coalition politics;

(ii) Suggested that election should be a political party instead of fielding individual candidates and the ballot paper should bear the partys name and its symbol.

Regulation political parties

3 of

6. Prof (Dr.) S.C. Sharma,

Principal,

St. Soldier Law College,

Jalandhar – 144 011.

Put forward following proposals;-

(i) Include a chapter on election system in India in Xth standard curriculum of CBSE and all State Boards.

(ii) All election laws provisions be redrafted and enacted as one statute to avoid ignorance of such laws and remove repletion/contractions.

(iii) Suggested that the directions of Supreme Court to be made a part of the Act.

(iv) Mechanism for verification/auditing of return of expenditure and publicity of returns by candidates in local press. Accounts of candidates and parties should be monitored through a system of check and cross check.

(v) Publicity and campaigning through wall writings rallies on public property, using loudspeakers for campaigning, cutouts/banners and hoardings flags be banned. Fixed number of public meetings can be organised at the state cost.

(vi) Lok Sabha and Assembly election be held together.

(vii) Candidates should be allowed to contest only from one constituency.

(viii) Security deposit amount should be increased and revised before every election.

(ix) The number of proposers to an Independent candidate


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be increased to 100 for Assembly election and 500 for Lok

Sabha. Also suggested for Expenditure ceiling for Council constituency.

(x) Supported the proposal made in the background paper regarding protection from removability of the Election

Commissioner; Independent Sectt. for Election Commission and their expenditure be charged;

(xi) Election Petition against defeated candidates;

(xii) Ban on opinion polls and ban on advertisement during last 48 hours. Government sponsored advertisement be banned before three months;

(xiii) Totaliser for counting of votes. Name of any political party should not appear on any hoarding or banners.

(xiv) There should be a ban on house-to-house visit in last 48 hours

(xv) There should be on transfer of officers likely to serve election 6 months before general elections.

(xvi) Disciplinary or legal proceedings by the government against officers having performed election duties should not be initiated except with the concurrence of the Election

Commission.

(xvii) Use of religion for electoral gain should be banned and suggested some procedure to be adopted to band such practice.

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(xviii) There should be a provision for negative voting. In case

‘None of the above’ becomes more then the election results be nullified and new election conducted.

(xix) Ceiling be revised from 25 lakh to 1 crore and from 10 lakh to 50 lakh. I should be raised by the Election

Commission before every election.

(xx) Amendment to section 125 A of the RPAct, 1951 to provide more stringent punishment for supplying wrong information in Form 26.

(xxi) Political parties putting up such candidates up to a total of 10% or more candidates should be derecognised.

(xxii) Special courts to be established to decide cases against candidates within 6 months. Potential candidates with pending charges may take matter to the special courts, which can be decided if a prima facie case justifying framing of charges is made out.

(xxiii) All expenditure irrespective of who paid it should be included in the expenditure of the candidate.

1. Any person convicted of heinous crimes such as murder, rape, smuggling, decoity, etc. should be permanently debarred from contesting.

2. Section 8b be added to the RP Act providing for electoral

Criminalization of politics.

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7. Representations received and forwarded by the

Election Commission

7 A. Shri Marasandra Muniyappa,

State President,

Bahujan Samaj Party,

No. 23, Cockburn Road,

Near Contonment Railway

Station, Shivaji Nagar,

Bangalore-

560 051

Bahujan Samaj

Party,

Karnataka State

Unit.

8. Shri Ravi Goenka,

FCA,

A – 58,

Shanti Path,

Tilak Nagar,

Jaipur – 302 004. offences framing of charges shall be a disqualifications for 5 years or till acquittal of these charges, whichever, is earlier.

(i) All kind of exit polls, opinion poll, pre-poll analysis must be prohibited;

(ii) to curb misuse of money, the expenditure of the candidates of the recognised parties must be funded by the

State and authorities of the Election Commission must keep a strict vigil on the expenses;

The candidates implicated in false cases should not be barred till they were convicted by court of law;

Anti-defection law should be amended as, that one must be disqualified by the Election Commission without giving scope in the garb of merger and he/she must be barred from contesting elections for 5 years.

Following reforms are sought for :-

1. Vetting to remove serious anomalies and consolidation of both National as well as State level voters list to one voters list.

2. Consolidation of various levels of elections, i.e. Parliament elections, State Legislature elections, Municipal elections

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Anti-defection law


9. Shri.V.P.Dhayalan,

Chartered Accountant,

No.5, 2 nd Street,

Avvai Nagar,

Stephenson Lane,

Chennai – 600 039.

10. Shri Satya Narain Shukla,

General Secretary,

Lok Prahari,

B -7, Niral Nagar,

Lucknow – 226 020. and Panchayat elections into ‘ONE’ election process held every 5 years.

3. Constitutional amendment to make voting as citizens

“fundamental duty” under article 51 A of the Constitution.

4. Amend the Representation of the People Act, 1951 to enshrine “Citizens Electoral Participation” as mandatory.

Suggested that the Election Commission should come out of conventional methods of thinking and change the existing system of polling to increase the polling percentage.

He had also suggested the following:-

(i).Prevent bogus voting

(ii). Prevent booth capturing.

(iii). Prevent bad elements from election process.

(iv). Make provision for compulsory voting.

1. Suggested that sitting members should also be disqualified if charge sheeted for an offence mentioned in section and cases involved by legislators may be fast tracked.

2. Delete the names of prisoners from electoral rolls and also suggested that an elector who is confined to prison for six months or more (except preventive detention) may not be considered as ordinarily resident to entitle him in the electoral roll.

3. Suggested to omit section 8 (4) of the Representation of the People Act, 1951 and to provide for automatic disqualification of a person found guilty of corrupt practice.

1. Supported the recommendation of the National

Commission to Review the Working of the Constitution in



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fixing official limits on campaign expenditure.

2. Disclosure of audit of assets and liabilities. Suggested for more stringent punishment under section 125 A should serve the purpose to enforce proper compliance.

3. Curb the cost of campaigning.

4. Suggested for common electoral roll for Parliament/

Assembly and Panchayat/Municipal elections.

5. Punishment for rigging of elections to be enhanced and enforced rigorously.

6. In order to make proliferation of candidates, it is suggested that an independent candidate losing security deposit thrice from the same seat consecutively be debarred from contesting for the same office.

7. Suggested that the post of Chief Electoral Officer in the

State should be included in the central deputation service.

8. Suggested for restriction on government sponsored advertisements from the date of announcement of the election.

9. There shall be restriction on number of seats which one may contest.

10. There should be a provision or filing election petition against defeated candidates also.

11. There shall be restriction on opinion polls.


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12. There shall be ban on prohibition of campaigning during the last 48 hours incuding door to door campaigning.

Suggested that section 126 (1) (b) of the Representation of the People Act, 1951 be made applicable to print media also.

13. There shall be a ban on transfer of officers. Election

Commissions recommendation be needed or transfer of officials.

14. Implement the recommendations of Election

Commission on false declarations.

15. Enhance punishment for electoral offences.

16. Restore the cycle of biennial elections.

17. There shall be ceiling of expenditure for election to council constituencies also.

18. Recommendation of Goswami Committee on misuse of religion for electoral gains be accepted.

19. Suggested for totalisers or counting of votes.

20. Supported the proposal of Election Commission to rexamine the provision for Teachers’ and Graduates’ constituencies.

21. Suggested that prior consultation of Election Commission to be made mandatory for premature transfer of officers having held election related duties to avoid victimisation.

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22. Supported the recommendation of the Commission to incur disqualification for failure to lodge election accounts.

23. Implement the recommendation of 2 nd ARC, the Election

Commission and National Commission on adjudication of election disputes. It is also suggested to amend the provision so that failure to dispose of election petition by the Judge should amount to gross violation of the provisions of section

86 of the Representation of the People Act, 1951 thereby incur judicial misconduct. .

Urged for immediate implementation of the recommendations of the Election Commission and National

Commission. It is also suggested that criteria for recognition as a National party needs to be revised upwards-presence in at least 6 States and 10 % of the votes polled.

Suggested that the recommendations of the Election

Commission and National Commission and the Law

Commission needs to implemented forthwith.

Opposing the State funding of elections.

It is suggested that the disqualification on the ground of defection must be decided by the president/Governor, as the case may be, on the advice of the Election Commission.

Regulation political parties of

Funding of elections

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11.

12. Shri

V.V.Venkatasubramanian

Principal Correspondent,

‘THE HINDU’,

Kancheepuram,

Tamilnadu – 631 501.

(through

Commission)

Election

Election

Department,

Government of

Tripura

Representatives of all political parties of the State of Tripura unanimously requested that instead of regional consultations on Electoral Reforms, consultation on Electoral

Reforms to be organised in each state capitals of the country to make it more effective and participatory.

1. Disclosure of criminal antecedents of candidates.

2. Eligibility of candidates with criminal cases pending against them.

3. Suggested to carry out amendment in the RP Act so that the political parties to be debarred from replacing or filling vacancies arising out of resignation or death of Chief

Minister of any State or Union Ministers or Prime Minister for that matter, by deputing an MP or MLA to Union Minister to CM post of State or elevating CM or MLA to Union

Minister/ PM post or fielding a sitting MLA for the MP seat election or deputing a sitting MLA from other State Assembly to a different State as CM.

Foolproof mechanism for routine verification and auditing of the returns filed by political parties.

1. Official limits on campaign expenditure to be brought down.

Review of antidefection law



Audit and finance of political parties


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2. Need for totaliser machine for counting of votes recorded in the Electronic Voting Machines for the sake of empowering the voters and usher in real democratic election process.

3. Candidates including independent, who are wrongly disclosing the assets and liabilities to be barred from contesting elections for a period of five years.

4. Prevent irregularities in election by bringing bar-coded ID card with special initiative to process any application in the event of a change of address or change in Assembly constituency necessitated in view of transfer of job or shifting of residence to be processed and effected in the master records within reasonable time frame.

5. Suggested to define the term “Independent Candidate” in the Representation of the People Act, 1951 due to the wide spread practice adopted by political parties during the elections.

6. Suggested to stop the practice of giving advertisement regarding poverty alleviation or health related schemes by the Government once the election process commences with announcement of election schedule.

7. Suggested to amend the Act so as to provide for filing of election petition even against defeated candidates on the ground of corrupt practice.

8. Suggested to enhance the punishment for electoral offences including debarring from contesting to the same post.

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13. Shri Anil Bairwal, National

Coordinator, Association for

Democratic Reforms.

anil@adrindia.org

Association for

Democratic

Reforms

9. Welcomed the recommendation of the National

Commission to Review the Working of the Constitution, with respected the rules and by-laws of the parties seeking registration are welcome. However, negated the recommendation to recognise pre-poll alliance stating that the same would only result in further polarisation of politics.

10. Suggested that empowering or allowing the Election

Commission to interfere in the activities of an elected government in any manner will only tantamount to infringing on the privileges of an elected forum.

11. Need for Negative voting or Neutral Voting.

12. It is also suggested that in case if political parties refuse to heed this suggestion, they should be made to carry out their agenda only after remitting the entire expenditure to be incurred by the Commission for conducting bye-election.

Suggested that State Funding of Elections to be extended to independents and upcoming political parties.

(i) Suggested that views of the common people also to be taken along with the views of the bureaucrats (current and former IAS officers) and media persons, for better representation.

(ii) In addition to topics of preparation of voter rolls, EVMs etc, more time should be allocated to important topics i.e.


Conduct better and management of elections

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14. -do- -do- criminalisation of politics etc.

(iii) Suggested that the electoral reforms cannot in itself be effective without political reforms, it would be better if these consultations explicitly include discussion on ‘Political

Reforms’ as well.

-do- -do-

15. Shri Babu

Bhadrapur,

Rajendra

President,

Rashtriya Rachanatmaka

Kriya Ranga,

Daji anpet,

Hulakoti Chawl,

Hubli-28, (Dharwad District)

Karnataka.

Rashtriya

Rachanatmaka

Kriya Ranga

16. Shri Ullal

(AEE.Rtd)

575 015.

Padmanabha,

No.8, MIG, K.H.B.Colony,

Bondel,

Post-Kavoor, Mangalore -

Suggested for a law to declare any kind of defection as a crime.

Review of anti-

Defection Law

(i) Suggested that voting rights should not be given merely on the basis of age but should be given to persons who have clearly understood the social and political significance of their votes.

(ii) In order to make the democracy fruitful, suggested that only those candidates who secure more than 50 per cent votes should be declared as winners.

(iii) Suggested to ban political parties failing to fulfil election manifesto.

(i) Suggested to amend law so that any person can contest election irrespective of caste, gender etc. guaranteed by the constitution.

(ii) Suggested that the total number of elected members should be based on total number of voters.

(iii) Suggested that the total number of reserved seats and general seats be decided by the competent authority.

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17. Shri Ajay Mishra, General

Secretary and Spokesperson,

Nationalist Congress Party,

Chhattisgarh,

Raipur – 492 001.

18. Shri

Secretary,

P.N.Upadhyay,

Nationalist Congress Party,

Nagpur

Nationalist

Congress Party,

Chhattisgarh

Nationalist

Congress Party,

Nagpur.

(iv) Suggested that the total number of wards/zones be equal and limited to the number of general seats, where everyone including people from reserved groups can also contest.

(v) Suggested that reservation is an additional advantage/facility provided and hence reserved candidate be elected from the general wards. In some identified arrears elect one general candidate and one more reserved candidate.

(vi) Suggested to form ‘WARD COMMITTEE’ to help and guide elected leaders (as done in Hubli).

Forwarded the following points for discussion:-

(i) Why voters are not interested in casting their votes?

(ii) Which category of the electors are interested and why?

(iii) What should be fixed as minimum percentage of voting to decide as majority government?

(iv) Whether the number of votes be counted on the basis of the qualification of the voter?

(v) Whether our Governments are elected by majority?

(i) Power of the Election Commission to de-register the political parties. Increase in number of political parties should be curtailed and there should be two parties in the country (as in America).



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(ii) Suggested that Just prior and during the elections,

Governor’s rule should be imposed, so that the ruling party do not get any undue advantage of using its power.

(iii) Suggested that law to amended in such a manner that a person can contest only for one seat.

(iv) Election canvassing though media advertisements should be prohibited.

(v) Ban on the person from contesting election, who gives wrong information in the affidavit and five year imprisonment or fine of five lakhs rupees.

(vi) Transfer of officials to be made prior to six months from the commencement of elections process.

(vii) Need of ‘None of the above’ option in the EVM.

(viii) Whoever tries to use religion or caste in elections should be debarred.

(ix) To cancel Teacher and Graduate constituencies in

Legislative Council elections and Farmers, Lawyers, Doctors and Engineers should contest for the same.

(xi) Equal limitations on the election expenses of all seats i.e.

Gen/SC/ST.

(xii) Establishment of special courts to deal with election petitions.

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19. Shri Priyavadan P. Shah,

(Action Group)

Bhagavati Chambers,

Ashram Road, Ahmadabad.

(through MHA)

(xiii) Fix Graduation as Minimum educational qualification to contest election.

(xiv) No person should be allowed to contest more than once.

Periodical audit of accounts of political parties.

Review of Anti-Defection Law- If a person do not get ticket from his party, other party do not be allowed to give ticket to such person-Need of such law.

Antecedents of candidates should be clean. Accused should not be allowed to contest elections.

Vide his representation he has requested the Hon’ble

President of India not to give assent to Bill for Compulsory

Voting for Elections to the Local Bodies and Panchayats in

Gujarat as the same is unconstitutional.

Audit and finances of political parties.

Review of antidefection law.



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20. Shri Devi Prasad Nand,

Incharge,

Maulik

Virouli,

Motinagar,

Faizabad,

Adhikar Party,

Uttar Pradesh – 224 201.

Maulik Adhikar

Party,

New Delhi

(i) Demands cash for votes to the voters.

(ii) Supports Negative voting.

(iii) Suggests for women reservation on the basis of caste.

(iv) Suggests to reduce deposit amount so that common may also contest

Debarring of candidates facing criminal charges will restore

People’s faith in Elections. Suggested to chalk out a Road

Map to decriminalize politics.

21. National Network for India

Trust,

131-132,

Som Dutt Chambers,

1, Bhikaji Kama Place, New

Delhi-110066.

22. Lt.Col.B.B.Sharan (Retd.) President, Nyaya

Bhoomi, 288,

Narmada

Apartment,

Alaknanda,

New Delhi-110

019.

Suggested to consider amendment to article 84(c) of

Constitution to prevent criminalisation of politics.

Qualification graduation with LLB degree or PG in any subject, Engineering, Medical degree, CA, MBA or retired class I or class II officers of the central/State/ Governments should be prescribed as qualification of a M.P. Similarly, minimum qualification of MLAs and Councillors should be revised. Computer knowledge should also made necessary.



Criminalisation of politics.


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23. Shri John F Kharshiing,

Co-Chairman, Meghalaya

State Planning Board,

Meghalaya Secretariat,

Yojana Bhavan, Shillong.

Organization 1. Make it compulsory for candidates to garner more than 65

% of the votes before being declared a winner and disallowing those who received less than 25 % votes from contesting the second run-off, will address the present anomaly of ‘first past the post system’, wherein a number of candidates declared winners have been found to have received only 22 % to 28 % of the total votes poled and in some case much lower.


2. Doing away with bye-elections and allowing the party that won the seat during general elections to nominate its candidate, make sense.

3. Bringing the State under ambit of the Election Commission six moths prior to elections will help to provide a level playing field to political parties and candidates.

4. Making it mandatory for MP and MLA schemes to be stopped one year prior to elections.

5. Formation of special task force during elections

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24. Shri R.K.Tripathi,

25. Shri H.S.Hooda,

Advocate general,

Haryana comprising of officials and IT experts from RBI, Income Tax to monitor all bank transactions, withdrawals including airport to check flow of money.

Forum of Financial

Initiatives,

306,

Vishwa sadan,

District Centre,

Janakpuri,

New Delhi – 58.

Supported State funding of elections.

1. Suggested for amendment in section 77 of the

Representation of the People Act,1951, wherein Explanation

- 1 and Explanation – 2 be deleted and in lieu thereof maximum limit of election expenses in Parliamentary constituency and Assembly constituency may be increased by way of amending Rule 90 of the Conduct of Election

Rules, 1961.

2. In order to enhance the power of the observes it is suggested necessary amendments in section 20 B (2) of the

Representation of the People Act, 1951 to the effect that

“Whenever the violation pertaining to matters in section 20

B (2) comes to his notice”.

3. Suggested to amend section 123 of the Representation of the People Act, 1951 by adding clause 9 in the section as follows:-

“Any publication by a candidate or his election agent or any other person (with the consent of a candidate or his election

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State funding of elections


26. Shri Ramanjit Kaur Johal,

Chairperson,

Department of Public

Administration,

Punjab University,

Chandigarh. agent)or by a registered political party (national or state) in favour of a candidate or candidates through print media or electronic media (using TV channel or any other electronic device),which are paid news or paid clippings in relation to the rival candidate or candidates which are calculated to prejudice the prospects of that candidate or candidate’s election or of their political party or political parties.”

1. In order to curb criminalisation it is suggested to amend section 8 (3) of the representation of the People Act, 1951 enhancing the period of disqualification from six years to eleven years.

2. To keep an effective check of criminality in the electoral process, the rules for disclosure of criminal record should be made more stringent.

1. Suggested to mention date of birth in the EPIC so that applications for EPIC can be accepted even before 18 years of age and it can also be verified at the time of voting.

2. There should not be a cut of date fixed for acceptance of application for EPIC.

3. Introduce biometric system to ensure misuse of vote of citizens who are ordinarily resident but away at the tile of election.



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27. Shri MA Abdul Majeed

28. Shri

Reporter,

V.V.Elangovan,

Private Channel, 7, Indra

Nagar West, Chennai Salai,

Kumbakonam-612002

India Fraternity

Forum, Muscat.

Suggested following for easy enrolment, registration and participation of NRI’s in the democratic process:-

(i) Avoid charging fees for attestation from Embassies’ and consulates or permit for self-attestation.

Conduct and better management of elections.

(ii) Open more attestation centers in easy accessible areas other than embassy and consulates.

(iii) Extent the time limit for receiving registration application to at least until the end of April.

(iv) Utilize NRI organization’s help to process the registration.

(v) Instead of mere attestation Embassies should take full responsibility for the registration including dispatching the application to the concerned authority in India.

(vi) In future, by utilizing the modern technology, NRIs should be allowed to vote by postal ballot, electronically or at Indian missions abroad.

The votes or the number of seats won a party make it eligible to contest in the next elections. Due to alliances of the political parties, the eligibility criteria for a political party to contest in the election as a recognized party or a registered party cannot be ascertained on the basis of the votes received by them.


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29. Dr.Deenanath Srivastava,

122,

Krishna Colony, Jeevani

Mandi, Agra – 4.

30. Shri D.Joseph Jeyamoney,

Convenor Society for

Securing Social Order-

Justice, Social, Economic and

Political,

181/84,

Thirunagar,

Salem-636007

31. Shri A.N. Sarwate,

Laxmipura,

Sagar-470002

M.P.

General Public

1. Minimum percentage of Votes to be prescribed to declare a winner.

2. Need to educate electors to use their franchise wisely.

3.

Impose severe restrictions on the election expenditure

4. Minimum educational qualifications and age limit to contest elections.


1. Disadvantages due to multiplicity of political parties.

2. The voters are not able to elect their representatives by taking into account the personal characters and qualities of the contestants


3. To prevent bogus electoral rolls.

4. The party in power will resign immediately after general elections are announced and the State/Centre will come under the President’s Rule.

1.(a)The candidate for Parliament/Legislative Assembly should have been or is a member of any local body such as corporation, municipality, panchayat, Cantonment board, etc;


(b) The candidate should not own any liability such as tax, loan, house tax etc. This will provide for recovery of outstanding amount;

(c) There should be a condition relating to educational

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32. Shri Vijaywant Kumar

Chaudhary,

Ramashray Nagar, Ward NO.

10, Post Dalsingh Sarai,

Distt. Samastipur-848 114.

General Public qualification, such as

(i) High School for local bodies;

(ii) Graduate for Assembly or Parliament.

2. Every party should be asked to provide a panel nominating two names for each seat. The name of the contestant so given at sl.no.1 should be included in the ballot paper. In case of any miss happening with him, the person so nominated at sl.no.2 would be considered as an authorized candidate for the said party. This will avoid suspension of election or re-election.

Election process should not be withdrawn in the event of death of an Independent candidate. In practice, the name of the candidate died in between may be erased by using ink over it.

3. A person should be allowed to contest only from one place at a time either for Parliament or Assembly election.

4. The election for Lok Sabha and Legislative Assembly should be conducted simultaneously.

1. Enactment of a Law/framing of rules making it mandatory for every registered national party and the regional political party to upload the updated list of their active members through internet with a copy thereof to each office of the

Election Commission;

Regulation of political parties

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33. Dr. Mahadeo Abaji Pol

159, Laxminagar

A/P & Tq. Phaltan – 415523

District Satara, Maharashtra and another

General Public

1. Provision for a condition that a person desirous to become the “Party Candidate” for Parliamentary/Assembly election should have been an active member of the said party for a period of not less than six months prior to the date of filing nomination;



1. Provision for a law to conduct the election of the organisation office bearers of the registered and approved political parties at national level, state level and district level under the supervision of Election Commission;

2. An amendment is required in the law relating to registration of a political party and conferment of national or regional party status so as to include the condition of minimum number of active membership of the party in addition to the existing provision of “minimum votes casted” in favour.

1. The stipulation that the polling agent should be ordinary resident and electors of the concerned polling area only as provided under para 9.1 of Handbook of Polling Agents should be removed for being contrary to section 46 of RP

Act, 1951. The contesting candidate be given free choice for


26

34.

[through o/o Addl. SG]

Shri Ravinder Singh

Y-77, Hauz KHas

New Delhi 110 016

General Public appointing polling agent of his choice even outside the concerned polling area;

2. Increase the height of covering blockage in front of voting machine minimum to the level of 4 ft from the existing 2 ft with appropriate coverage of voting machine, table/desk from all sides;

3. Provision for unified/combined and centralized counting of votes instead of booth wise/ward wise independent counting of casted votes and declaration of result for entire constituency without any reference to booth/ward;

4. Use of EVM be stopped and the old system of manual physical voting on printed ballot paper should be restored.

1. The constitution of most of the political parties is allegedly undemocratic. EC should ask for (i) renewal of constitution parties a year before normal schedule of general elections for national parties; (ii) furnishing details of human resources in terms of qualifications and infrastructure; (ii) EC should provide standard format for election of National Executive for national parties and State Executive for state parties;


1. The candidates with criminal cases should be directed to notify the public through press their intention to contest the elections and make them available on all hearings before the courts and to obtain “NOC” of the court if the case is


27

35. Shri S. G. Dhaneshwar

29, ‘Omkar’ Lam Road,

Saubhagya Nagar (Vihitgaon)

(Nashik-Road),

Nashik, Maharashtra

General Public pending.

2. The parties with more than 5% members in Parliament or

State Assemblies with criminal cases or more than 5 members with criminal cases over 12 months old pending should be disqualified.

1. Appointment of a News Media Regulator a month before notification for the general election to avoid paid news, paid no news etc. and to ensure equitable representation to all parties in broadcast time, etc. over and above the conduct of free and fair election.

2. State Auditors and the CAG should verify the economic profile of parties to avoid misleading and false claims of growth and achievements.


3. Cut in election expenses in the way to accept nomination well ahead and fix the lower deposit i.e. Rs.1000 for candidates filing nomination 12 months in advance and higher deposit i.e. Rs.1 lakh for last week nominations.

1. Compulsory voting by voters’ for a minimum 10 time in his/her life;

2. Simultaneous elections for Lok Sabha and Vidhan Sabha;


3. Two days for casting vote preferably Saturday and Sunday.

If someone could not cast his/her vote on first day the same

28

could be done on 2 nd day;

4. More polling booths;

5. Thorough study of seasons with the help of Metrological

Deptt for fixing the dates for voting;

6. Whole country should be divided in four zones for deployment of security personnel and election in these zones should be on separate dates;

7. Higher age limit for contesting the election i.e. not more than 75 years;

8. Restriction for multiple seats contests, that is to say, one candidate – one seat formula;

9. Accused of any major/serious offence should be debarred from contesting and it should be immaterial whether he convicted or acquitted. His/her nearest family members should also not to be allowed to contest;

10. Only two terms for each elected candidates i.e. 5 + 5 years

11. Two types of fund a) Election Fund – non-refundable – at the rate of 10% of his total income as shown by him – to be used as National Fund; b) Security Deposit

Person with income less than Rs.50 lac from all sources

29

36. National Election Watch

B-1/6,

Upper Ground Floor,

Hauz Khas,

New Delhi

NGO should however be totally exempted from paying the

Election Fund(National Fund);

12. Person with two children should be allowed to contest the elections. However, a person with 3 female children should be allowed to contest;

13. Minimum qualification should be prescribed such as, VII std for Vidhan Sabha and 12 th Std for Lok Sabha;

14. EC should be empowered to call back the elected candidate if:-

(i) he has not attended 80% sitting of the House;

(ii) he has not governed his constituency as expected by the electorate or as per the manifesto of the party;

(iii) he has been alleged of favouritism, misuse of power, etc.

1. Draft of the Political Parties (Registration and Regulation of Affairs, etc.) Act, 2011 prepared under the guidance and supervision of ex-CJI has been forwarded.


2. Electoral Reforms:-

(i) Person with charges of offences punishable for two years or more should not be allowed to contest elections;

(ii) The candidate to disclose his income and sources of income apart from assets and liabilities;

(iii) CEC should be appointed through a multi party system

30

including PM, Leader of Opposition, Speaker Lok Sabha etc.;

(iv) More effective ceiling on expenses of political parties during election period;

(v) The election wining requirement should be in the ratio of

“50%+1 of the registered votes cast”;

(vi) Provision for “None of the above” in the EVM;

(vii) Amendment in sections 78, 81 and 84 of the RP Act,

1951 to reduce the period of filing accounts of elections expenses by contesting candidates;

(viii) Action against candidates who fail to file their election expenses;

(ix) Provision for filing election petition against candidates even who lose elections;

(x) Strict penalties against those involved in electoral malpractices;

(xi) Law against the use of excessive money in elections by candidates;

(xii) Provision for verifying the declarations in the affidavits of the candidates;

(xiii) Prohibition of taking other offices after retirement of the Election Commissioners.

There are also suggestions for “Political Reforms” and “New

31

Rules by Election Commission”.

37. Chairman, Maharashtra

Legislative Council

Forwarded by

Principal Secretary & RLA,

Law and Judiciary

Department Govt. of

Maharashtra.

(received through Addl. SG)

Govt. Agency

38. Shri R.N. Agarwala, Sandal

Sadan,

WZ-316,

Naraina, New Delhi-110 028.

General Public

The election to fill a seat or seats in the Legislative Council should also be conducted by way of open ballot votes on the analogy of the scheme provided for the Council of States by amending Section 59 of the Representation of the People

Act, 1951 by the Representation of the People (Amendment)

Act, 2003 [Act No. 40 of 2003] by inserting a proviso to the effect that “….the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot” so as to maintained consistency and uniformity in the manner of elections of Council of States and Legislative

Councils.

Conduct and better management of elections of It is stated that enhancing of election expenditure would prove more luring to corrupt the elected/aspiring legislators who arte already in receipt of heavy packets. Suggested that election campaign may be funded by the government itself so that the deserving social servants could be encouraged to den the legislatorship and the corruption may be eradicated to the great deal and the allurements too could be kept at bay.

Funding elections

32

39. Society for justice (Regd.),

39, Industrial Area, Under

Bridge Road, Rajpura,

Distt. Patiala, Punjab-140

401.

Organization Recommendations:-

1. The citizen is to be in the Voter List of the same constituency for the minimum ten years during immediate past period.


2. The citizen should possess knowledge of the Constitution of India and the Laws framed by the House and that of the

State Assembly of his constituency.

3. The Election Commission should hold screening test annually for the citizens interested to opt for the membership of the House or the State Assembly. The certificate of this screening reflecting the merit may be issued to the citizen.

1. Persons filing false criminal complaints against a candidate are liable to be punished with rigorous imprisonment if the candidate is acquitted.


2. The citizens holding the certificate and name in the voters list for more than ten years and no criminal record may only be allowed to file nomination papers to the elections.

3. Suggested to amend section 8 of the Representation of the People Act, 1951 as the same is too complex and leaves many loop holes to escape disqualification.

4. Suggested to amend section 8 of the Representation of

33

the People Act, 1951 to cover all offences under the law.

40. Shri Kishan Goradia,

Convenor,

Sadbhavana

Sangh,

Dosti Trust,

Arya Soap

Premises,

16 Hansraj Lane,

Bhayaq(East),

Mumbai - 400 027.

I.

To include provisions for Telephone No.

(Resi/Off/Fax), Mobile No. and E-mail address.

II.

‘None of the above’ option on the EVM.

III.

Right to recall inefficient & corrupt elected representatives.

IV.

Adequate provision against officials & candidates guilty of dishonouring Code of Conduct.


41. Shri Subodh Bargava and

Others.

42. Shri B.P.Singhal

Secundrabad,

Andhra Pradesh.

9849010169

National Network for India Trust,

131-132,

Som Dutt

Chambers 1, 5

Bhikaji Cama

Place, New Delhi-

66.

Need to decriminalise politics and push out through the exit door 152 convicted MPS.

To make voting compulsory



34

43. Shri P.C.Abdul Lathif

36/2807,

RAJAB, West Kallai, Francis

Road,

Calicut-673003, Kerala.

44. Anonymous

Kerala Janavedi

State Committee,

36/2807,

RAJAB,

Kallai,

West

Francis

Road,

Calicut-673003,

Kerala

Expressed their interest to participate in the Regional

Consultation held at Benguluru on 16/1/2011.

1. Feels that Opinion poll provide the truth to the people.

NA

2. Need of Compulsory voting

3. Preliminary voting should be held to allow any independent candidate to contest elections, in which the candidate should be required secure minimum votes.

4. Winner must secure 30% of the total votes in the constituency and more votes than other candidates.


5. Minimum of 10% votes must be polled to a State level party in that State and All India level party in the central elections, otherwise it should be debarred for the next one election.

6. Voting should be made easier and it should be like ATM, which facilitate the voter to cast his vote from anywhere in

India.

7. Issuing of voter ID cards should be entrusted to any private agency where voters can make ID card by furnishing

35

details and paying fees as is the case with PAN.

1. Audit of the accounts of the political parties and publication of the final accounts and audit report and also made suggestions with respect to appointment and tenure of the auditors and the format of audit report.


2. EC in consultation with Comptroller and Auditor General should appoint a Chartered Accountant to do audit and submit report to the Election Commission regarding the audit of accounts of every candidate.

36

45. Shri N.K.Jain

Spl.Public Prosecutor,

12/B,

Nandalay Society, B/h.

Ambe Vidyalay,

Sama-Savli Road, Vadodara

– 8.

46. Shri Prashant V Hamine,

Special Correspondent,

Gifiles Magazine/Afternoon

Despatch & Courier,

A – 5/12, Dudhsagar Coop.Hsg. Sty. Ltd.(Regd.),

Ciba Road, Near Aarey Check

Naka,

Goregaon – East ,

Mumbai – 400 065.

1. Elections shall be on the basis of party system

2. The ballots shall contain name of each contesting party with its symbol without name of its candidate and vote is to be on party’s symbol.

3. The reservation of seats must be cancelled. It must not be in the constituency level, but on party, which should take such number of people as per the reservations.

4. In case of re-election, if due to any circumstances any sitting member of any party is unable to attend House eg. death, jail, etc. the list shall be referred next to the last taken in the House, shall be considered competent to seat in the

House and re-election will not be ordered.


5. Some suggestions with respect to Independent Candidates are also made.

1.

Contesting should be asked to obtain a certificate from the concerned Police Station and Court of Law stating whether or not he has any cases registered against him, or are pending trail, or judgement is awaited, or judgement has been pronounced.

2.

Motivated and registration of false cases against rival candidates should attract maximum of stringent penal punishment possible to deter persons from making false charges or implicating rival candidates with motivated or false cases.

3.

Supported Negative or Neutral voting.

37


4.

Suggested to increase official limits on campaign expenditure.

5.

To curb the cost of campaigning, duration of campaigning need to be reduced.

6.

Polling in more than one stage to reduce irregularities in polling.

7.

Preparation of Electoral roll by the full-time ECI staff to curb bogus voters and use of latest technology in the preparation of the electoral roll.

8.

To increase the security deposit amount for

Independent candidates.

9.

To prohibit/restrict the Government sponsored advertisements being issues prior to any election or from the date of the dissolution of the House.

10.

Supports restriction on the number of seats which on may contest.

11.

Supports to amend the law to provide for filing of election petition even against defeated candidates on the ground of corrupt practices.

12.

Supports to ban the Opinion Polls.

13.

Supports to ban any kind of campaigning during the last 48 hours.

14.

Permanent ECI staff to conduct elections.

38

15.

False declaration in connection with elections to be an offence.

16.

To enhance the punishment for electoral offences.

17.

Model Code of Conduct and other formalities should be made applicable for election to Legislative Council elections.

18.

Need of law to prevent misuse of religion for electoral gains by political parties.

19.

Welcomed the Totalizer method.

20.

Increase of disqualification period to 10 years for non-filing of election expenses in the stipulated time.

21.

Need to increase the threshold criterion for eligibility of political parties.

22.

Suggested to setup special Election tribunals or Fast

Tract Courts.

23.

Voting must be made compulsory.

24.

Postal Ballot availability for all.

25.

To reduce election expenditure, simultaneous elections to the State Legislative Assemblies, Lok Sabha;

State Legislative Councils and Rajya Sabha.

26.

Model Code of conduct should be converted into a

Law.

39

47. Shri Ravi Goenka, FCA

A58,

Shanti Path,

Tilak Nagar,

Jaipur -302 004.

27.

Pre-poll Alliances or Coalitions should have approval of the ECI and not Post-Poll Alliances or Coalitions.

28.

Pre-Election Manifestos and Common Minimum

Programmes must be registered.

29.

Right to recall need to be considered only after carefully studying international precedents.

1. Monitoring and Auditing of all assets and liabilities of candidates and political parties should be done by a special body that is created out of amalgamation of approved CAs and officials from the C&AG and IT Deptt.

2. Audit of the accounts of the political parties and upload them on the ECI website.

Supports State Funding of Elections.

Suggests for strong Anti-Defection law.


Funding elections of


1. Consolidate both National as well as State level Voter list into ONE Voter list.

2. Consolidate various elections i.e Parliamentary Elections,

State Legislature Elections, Municipal Elections and

Panchayat Elections into ONE election process held every

Five years.

3.

Constitutional amendment to make voting as

Fundamental Duty under article 51A.

4. To amend the RP Act, 1951 to enshrine Citizens Electoral

40


Participation as Mandatory.

48. Shri D.Renukvijay.V.Mandi,

Director.

49. Professionals Party of India,

C/o Chherawala &

Associates,

F6/35 United Apartments,

East Street,

Pune- 411 001

Karnataka State

Organised,

Unorganised

Workers Welfare

Co-operative

Society

(Regd.)

Ltd.

219,

10 th Cross,

6 th ‘C’ Main Road,

H.M.T.Layout,

R.T.Nagar,

Bangalore – 560

032.

1. Corrupt and malpractice should be strictly stopped.

2. Communal, religious and fundamentalists should be kept out of elections.

3. Comprehensive poll reforms

4. To bring compulsory voting.

5. A graduate or Post-graduate qualified person should be allowed to contest elections.

To ban persons with criminal back ground from contesting elections.

All expenses of election should be borne by Government


Criminalisation of

Politics


(i) Minimum four months prior to the election date, Election

Commission must call from all candidates, complete profile written by then in English, Hindi and vernacular medium, who wish to participate in the Election as candidate. Profile should contain their personal bio-data, their views on what problem citizens face today in thei constituency, candidate proposal to solve citizens problem, candidate’s idea/though

41


to serve society and any other necessary details candidate deem fit.

(ii) Election Symbol must be given immediately after scrutiny/acceptance of the candidate’s application. The current time frame of 20 days favours only the old and existing political party which is not a fair practice.

(iii) Suggested to ban rallies and use of loud speakers and voters to be given sufficient time to decide as to whom they have to vote for. Therefore, sufficient time to be given for voters to find out pros and cons about candidates who wish to represent them from their constituency i.e. the ability, competency, qualifications, honesty, loyalty and moral,

Mental and physical strength of the candidate.

(iv) Suggested that if three month time is given to the citizens to know their candidate, there is no need for canvassing by candidates. Of the candidate to be sent to the voters by the Election Commission at their registered address and copies of the profile be made available in the market by paying price and through Electronic Media and

Information Technology.

(v) In formation about place, Booth No. and Serial No. of voters be distributed by the Election Commission.

(vi) It is stated that the political parties create hype in the minds of the voters through electronic and press media and a new competent and deserving person not having funds cannot do so. it is further stated that the same is against very basic policy of free and fair election where citizens are induced through media to vote for rich, mighty and old

42

50. Shri Gian Chand Gupta,

Kothi No. 94,

Sector-17,

Panchkula,

Haryana. political party’s candidate who may not be competent and deserving person.

Bhartiya Janata

Party, Haryana

(i) Steps should be taken by the Government for providing

State funding and to reduce the expenditure for contesting.

(i) There should be transparency and accountability for electoral registration office and there should be provision for penalty for making bogus voter.

(ii) Suggested for a common electoral roll for all the elections.

(iii) Suggested for a centralised online system for registration/enrolment of voter will be very useful for this purpose.

(v)Special squads be made for preventing distribution of liquor, money etc. during elections.

(iv) Polling personnel should be from different region and be selected by lottery.

(v) transfer of officers before six month from the date of elections be handed over to the Election Commission.

(vi) One person should not be allowed to contest from more than one seat.

(vii) Suggested that any candidate who lost the election three times should be debarred from contesting election.



43

51. Rashtriya Matdata Manch,

18, Chandravijay, Lokmanya

Tilak Marg,

Mulund(East), Mumbai – 400

081.

(viii) Use of EVMs needs to be reconsidered.

(ix) All election disputes, defection to be decided by the

Special Election Tribunal.

Anti defection law should be implemented from the municipality level and any elected candidate if violated should attract disqualification automatically.

(i) Train legislators by starting refresher courses etc.

(ii) First appeal in election petition should lie with the

Election Commission and then with the Supreme Court only.

(iii) Suggested that Election Commission should start campaigning on TV and in print media6 months in advance to cover the following :-

(i) how to check and register your name

(ii) rights and duties of voters, political parties, candidates and public representatives in a democracy;

(iii) how to choose a good party;

(iv) how to choose a good candidate;

(v) countering coercion and money power;

(vi) Suggested that Mp/MLA should publish list of projects and referendum shall be held to prioritize them and voluntary organisations should be allowed to monitor estimates cost and quality of these projects.

Review of antdefection law


44

(vii) Power to decide salary and perks of legislators to be given to independent commission instead of the present system.

(viii) Legislators should be allowed to meet only designated government officer of the constituency to minimise their interference in day to day administration.

(ix) For efficient conduct of affairs it is suggested that 15% of

Ministers should be allowed as non-legislator quota for

PM/CM. These Ministers must be voted on by a committee of legislatures.

(x) Suggested to appoint a Commission to consider ways and means to prevent monopolisation of legislative, administrative, money and advisory powers by a person or political party or any other institution.

(xi) All Ministers at Centre and State must resign when elections are declared except PM and CM.

(xi) Concurrent elections to State legislatures and Parliament to save money.

(xii) Single day election to be conducted.

(xiii) No body should be allowed to contest more than one seat at any given time.

45

52. Prof. Rajeev Gowda,

Chairperson,

Centre for Public Policy,

Indian institute of

Management, Bangalore –

560 076.

1. To address the issue of low participation in graduate’s constituency, it is suggested that the election Commission can create more awareness amongst the graduates as well as the students about graduate constituency elections at the college/university level itself.

2. Suggested that the option to enrol on the electoral roll for graduates constituency to be opened throught the year instead of the current system and also.

3. In order to increase the efficiency of enrolment, it is suggested to provide online registration.

4. The electoral registration officer can allow the current rolls of the graduate constituency to be valid unless the enrolees submit an application to delete or change. The extant of Acts and Rules provide for the electoral rolls to be revised or prepared before the biennial elections. Further the Election Commission can also direct a special revision of the rolls to effect an increase in the span of enrolment period.

5. As the provisions of submission of application are allowed, it is suggested that the provisions can be used by citizen groups and NGOs for taking up activities for enrolment of electors. To further increase the reach, there should be a provision for Chief Electoral Officers to send specific proposals for approval of the Commission to involve

Corporate, Public, Semi-Public sector organisations in the electoral registration process.

6. Inclusion of qualifications in the census would also help in tracking the record of graduates in the constituency and


46

ascertain the participation rate in order to take further measures for electoral reforms to encourage more participation in the graduates’ constituency election.

53. Shri H. Hanumanthappa,

(Ex. MP)

Vice-president,

Karnataka Pradesh Congress

Committee,

Congress Bhawan, N.14,

Queen’s Road, Bangalore -

560 052.

Karnataka Pradesh

Congress

Committee

(i) Association of candidates with fundamentalist institutions and communal organisations should attract disqualification.

(ii) Candidate’s past performance in elected bodies like panchayat institutions, co-operative institutions or in service of these institutions including governmental or non governmental organisations are also to be taken note of to prescribe disqualification.

(iii) Involvement in corrupt practice together with criminal activities should be a disqualification.

(iv) A corrupt politician/corrupt official who have amassed wealth illegally should suffer disqualification.

(v) In the National elections, only candidates from national parties to be preferred and regional parties to contest only

State assemblies and regional parties should not be given any chance to enter Rajya Sabha.

(vi) Parties with regional bias, communal bias and ideas of disturbing social equilibrium should not be allowed to participate in the process of elections.

In order to overcome the influence of money power, it has been suggested that there should be State funding of elections.

(i) In order to ensure participation, compulsory voting and minimum percentage of voting for victory should be evolved.

(ii) Rural Development organisations, Panchayat Raj




47

Institutions, Co-operative Institutions, Municipal organisations, Urban corporations are supposed to be training grounds for local activists to get trained themselves and be able to emerge as future leaders to take the responsibilities in Legislature and Parliament.

(iii) Electoral rolls should be ready two months ahead of poll day,

(iv) Keeping it open till last date creates complication of addition and deletions. (v) Election Machinery should not meddle with voter list.

(vi) There should be no correction in the voter list once published before two month.

(vii) Abandon electronic voting machines till such time they are declared fool proof and voter get confidence.

(viii) There should not be any increase in the security deposits.

(ix) Contesting from more than one constituency allowed only in special cases after satisfaction.

(x) Suggested to impose restriction on opinion polls to be imposed.

(xi) Suggested to ban House-to-House campaign during last

48 hours of elections.

(xii) Suggested to give severe punishment for errant elections officials.

(xiii) If any violation of code of conduct is noticed on

48

elections, the results of those constituencies to be stopped.

(xiv) Supported the setting up of election tribunals.

(xv) Prescribe minimum qualification for the contesting candidates

(i) Due to the entry of criminals as members of Parliament and State legislature, it has been giving an impression that criminals and anti-socials are for immunity and to safeguard themselves rather than thinking of the Nation, Society and

Aam Admi. Therefore, it is high time that measures are to be in place to infuse faith and confidence in the elections and democracy.

(ii) Disqualification on the basis of pending heinous crimes/warrant cases, pending cases of social laws against child labour, atrocities on women and SCs & STs and weaker sections, pending cases under prevention of corruption Act, pending cases of violation of electoral laws in earlier elections, pending cases of hoarding, smuggling, black marketing.

Suggested that indirectly taking control of political parties is not acceptable. However,on specific complaints of violations of economic, taxation and FERA laws, verification/ investigation can be made instead of audit from CAG.

Suggested the need of a stringent anti defection law. It is also suggested that persons elected by one party should not be allowed to change the party for 5 years. A person who changes party can contest only after 5 years.


Audit of finance of political parties


49

54. Bharatiya Janata Party, Bharatiya Janata

Party,

Karnataka,

# 11, 12 th Main

Road,

Malleshwaram,

Bangalore – 560

055.

Suggested that the existing system of conviction for offences involving punishment of two years and above can be maintained. But proper and compulsory implementation of the stringent punishment for non-compliance with the disclosure requirements of pending criminal actions and convictions and to set a time frame for disposal of criminal cases of such action.

Suggested as follows:-

(i) Hike the limit to realistic, practical and reasonable

(ii) Collection of election fund to be made more transparent

(iii) Provided significant IT benefit for donors to political parties.

(iv) Contribution of ` 5000/- or more to a candidate by an individual/institution, is said to be accounted for. This limit might have been fixed decades ago and is presently unrealistic. Any contribution of ` 20000/- and above said to be made only by cheque for a political party is to be made applicable to the candidates also.

(v) Equitable distribution of time slots allotted to political parties/candidates in electronic media to be made applicable to private channels also and similar regulations are to be applied for print media also to avoid paid articles.

Criminalization of politics


50

(vi) The political activists should be given adequate opportunities to take their party ideology to the public.

(vii) Removing of flags voluntarily hoisted by supporters on their houses on the order of Election Commission will amount to taking away the right of a citizen in India.

(viii) Curb on public meeting, street meeting and street corner meetings, artistic campaigning should be eased so that the political parties and candidates can convey their messages powerfully.

(ix) Stated that harsh actions by authorities may leads to lesser number of persons coming to the polling booths. It is also stated that a sense of fear is being created by such unreasonable actions of the authorities. Now by virtue of such drastic implementation, the dynamics of the election process is lost.

Following suggestions are made for the conduct and better management of elections :-

(i) In order to avoid bye-elections, it has been suggested that the candidates should not be allowed to contest from more than one constituency in an election.

(ii) Making false declaration in election affidavit to be made an offence and they should also be from contesting any election for 10 years.

(iii) Allow negative or neutral voting.

(iv) Ban of publication of exit/opinion polls results till voting is over for all phases.


51

(v) The Election Commission must be entrusted with powers to punish the errant politicians who transgress and violate the electoral laws.

(vi) There should be a provision for paper backup for the

EVM’s in the form of physical print out of every vote for the voters as an acknowledgement that their vote has been recorded properly.

(vii) Elections should be held in maximum three phases.

(viii) Compulsory voting system to be adopted with stipulation that no government facilities will be extended to him if he has not voted.

(ix) Single window to sanction permission for grant of vehicle/loudspeakers/police permission/municipal authority permission/grounds etc., instead of several different authorities.

(x) Conducting simultaneous elections for both Parliament and Assembly.

(xi) Need to improve electoral rolls and make voter registration and verification simple, easy and locally accessible throughout the year at designated dates. Local post office can be the nodal agency for this purpose.

(xii) Common electoral rolls for all elections and should be updated.

(xiii) Compulsory publishing of the Audited accounts on a

52

Half yearly basis in the public domain and for that the same can be hosted on the Election Commission’s website.

(xiv) Filing of Assets/Liabilities statement to be replaced with filing of CA Balance Sheet & receipts and payment account at the time of nomination and also every year. Individual & separate set of documents for each family member of the

Contestant to be filed. Also to file details of association with any company/firm/HUF of himself & family members and all fresh investments in such companies/firm in excess of 10 crores to be informed to Election Commission on regular basis.

The Election Commission should be strict on giving recognition to new political parties in the manner that certain numbers of primary members are needed to form a political party.

(i) Every party to declare/file balance sheet, receipts and payments account in national dailies

(ii) Compulsory audit and filing of accounts of parties with

Income Tax Department.

More punitive provisions to deter defection must be enacted. If there is finding that a man is disqualified under the defection law, then the severity of repercussion must be such that it costs him his political carrier. The Legislation must explain and clearly and specify that all conduct of joining a political party or leaving a political party must be taken into consideration wherever it may occur whether



Review of anti defection law

53

55. Communist Party of India

(Marxist),

Karnataka State Committee,

No.37 A , 8 th Cross,

Mahalaxmi Layout,

Bangalore – 560 086.

Communist Party of India (Marxist,

Karnataka State

Committee, inside the legislative hall or outside. The law must be reformed and modified so that at least a two term ban from political activity or contest in elections should be recognised.

Therefore, the suggestion is as under:-

Independent candidates may be given an option to join a political party. If so required, choice should be exercised within 6 months.

Constitutional changes

Fixed tenure of the elected legislative bodies with noconfidence motion followed by a confidence motion. In case none of the parties or coalition is able to form a Government on its own, the members of the House should together elect an Executive Head among themselves and form a Cabinet that has representation from members of all political parties on the basis of the number of sets they have secured in the elections and this Cabinet will have a minimum of half period.

Party is agreeable to insert a new section in the RP Act, 1951 to make declaration of assets and criminal cases pending against the candidates. Stringent punishment of minimum two years imprisonment for concealing or providing wrong information can also be agreed upon. However, not agreeable to the proposal made in para 4.2 of the background paper as this provision can be misused.

(i) Supported the State funding of elections by giving materials such as poster, pamphlets, vehicles etc. The candidates should not be allowed to spend more on this. The quantity of such materials should be fixed in every election for all national parties and state parties. Till such decision is taken, official limits for election expenditure may be raised



54

from time to time.

(i) Opposed to the audit the assets and liabilities of political parties as this may lead to intervention in the affairs of a particular political party by the administration of ruling party.

(ii) Suggested that the proposal to conduct auditing by a firm approved by CAG may lead to favouritism. Instead they have stated that the auditing accounts of the political parties can be published for the consumption of the public. At the same time, the amounts of candidates and parties can be monitored through a system of checking and cross checking, through the income tax returns filed by them.

(i) Agreeable to allowing a voter to express his opinion rejecting all the candidates by selecting ‘None of the above’ option.

(ii) There should not be any curb on wall writing, posters, buntings and banners, flags, etc. This propaganda material helps the political parties to reach large number of people with low cost. The campaign period should not be reduced.

(iii) There should be mechanism to curb the menace when one elected person resigns from one party and again seek election from the same constituency.

(v) Welcomed the pproposal to prepare common rolls for all elections - parliament, assembly, panchayats etc.

Auditing and finance of political parties


55

Suggested that Government employees should be entrusted with the task of electoral roll preparation and local representatives of national -and state parties must be involved.

(vi)The proposal to provide with a unique bar-coded ID number can be tried.

(vii) To put an end to the rigging and intimidation the

Election Commission should be given the power under section 58A of Representation of the People Act 1951 to order a fresh poll on the basis of the report of the returning officer.

(viii) The security deposit for independent candidates may be increased to discourage the non-serious candidates.

(ix) Proposal for restrictions on Government sponsored advertisements is welcome.

(x) Proposal for amendment of law to provide for filing of election petition even against defeated candidates on the ground of corrupt practice is agreeable.

(xi) Agree with the recommendation for restrictions on opinion polls.

(xii) Campaign during the last 48 hours before the Poll:

House to House campaign by candidates/supporters must be allowed. Other recommendations are agreeable.

(xiii) Agree to the recommendations on (a) False declaration in connection with election is to be treated as offence; (b) to enhance the punishment for electoral offences; (c)

Expenditure ceiling on council elections.

56

56. Shri DeepakGupta,

General Secretary,

Smast Bharatiya Party,

57. Shri Rahulkadiyan, rahulkadiyan@gmail.com

Smast Bharatiya

Party,

W 6/5, DLF City,

Phase – III,

Gurgaon – 122

002.

(xiv) It is suggested that all such utsav's except usual festivals by any religious groups must be banned at least 6 months before the election process starts.

(xv) Suggested to annul the practice of model code of conduct for whole district when there is any bye-election for one taluka or block.

It is necessary regulate the non-serious political parties which do not contest the election for several years.

However the criteria should be statutorily fixed instead of blanket powers to Election Commission.

Regulation political parties

It is suggested that the registered parties cannot be allotted permanent symbol.

1. Voting rights to be given to army personnel’s.

2. Provision to be given for casting vote through internet. of



57

58. Shri Bhim Singh Saini,

395, Sector – 2,

Urlene Estate,

Kurukshetra -136 118.

Suggested to amend the Representation of the People Act,

1951 to insert anew section 4A after section 4 to make declaration of assets and criminal cases pending against the candidate as a part of the qualifications necessary for membership to the House of People.

1. There should be a provision for negative voting or neutral voting.

2. Ceiling on official limits for expenditure should be rationalised from time to time.

3. There should not be curbing in the cost of campaigning and the period of campaign should not be reduced.

4. Agrees with the proposal that a candidate should not be allowed to contest election for the same office from more than one constituency.

5. There hall be a common electoral roll for all elections.

6. Power to be given to Election Commission under section

58 A of the Representation of the People Act, 1951 to order a fresh election or re-poll on the basis of the report of returning officers about booth capture or intimidation of voters.

7. Increase the security deposits for proliferation of candidates.

8. The Chief Election Commission Office should be under the jurisdiction the Election Commission. Officers working in various States to be brought under the jurisdiction of the



58

Commission.

9. Suggested that the budget of the Election Commission should not be ‘charged’.

10. Agreed on restrictions on government sponsored advertisements.

11. Agreed for providing restriction on the number of seats which one may contest.

12. Agreed for amendment of law to provide for filing of election petition even against defeated candidate on the ground of corrupt practice.

13. Agreed for restriction on opinion polls.

14. Agreed on prohibition of house to house campaign during the last 48 hours.

15. There should be a ban of three months on transfer of officers likely to serve election duties.

16. Agreed for the recommendations in making false declaration an offence.

17. Agrees in enhancing punishment for electoral offences.

18. Agrees for the expenditure ceiling for election to Council constituencies.

19. Agrees with recommendations on misuse of religion for electoral gain by political parties.

59

20. Disagree with the use of totaliser machines.

21. Agrees with re-examination of the provision of Teachers’ and Graduates’ constituencies.

22. Suggested to increase the period of disqualification for failure to lodge election expenses.

Suggested that there should be some type of regulation to restrict political parties

Disagree with the proposal to audit the assets and liabilities of political partiers by a Special Authority. It is suggested that the amounts of the candidates and parties can be monitored through a system of checking through income tax return filed by candidates, parties and their well wishers. It is stated that the proposal to get the auditing done by a firm of auditors approved by the Comptroller and Audit General will attract unnecessary complications and leads to favouritism and bureaucratic intervention into the affairs of political parties.

There should be State funding of elections. The candidates should not be allowed to use more than what is provided by the State.

Suggested to incorporate a provision that the decision on anti-defection matters should be taken within a period of




60

59. Shri S.K.Setia

60. Shri Prashant Hamine

Special Correspondent

Gfiles Magazine

Mumbai three months. Review of defection law. anti-

1. For the help of illiterates, affix photograph on the ballot paper for identification of candidates.

2. Election should be held under President’s Rule as mere presence of political parties in power creates pressure on bureaucracy who avoids action against ruling party candidates.

3. Privileges to candidates to be withdrawn.

4. No funding by companies as they are ultimately taking it as investment expecting a return.

1. Concealing or providing wrong information in Form 26, punishment should be enhanced from 2 years to 6 years with imprisonment and fine in double of the election deposit.

Form 26 should have a column for disclosure of criminal antecedents etc.

Conduct and better management elections

Criminalization of politics of

2. Contesting candidates should obtain a certificate from concerned police station and court of law clearly stating whether or not he has any case registered/pending trial/judgment is awaited/judgment pronounced. Care should be taken to segregate politically motivated cases.

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1. Welcomed the provision of negative or neutral voting. He has stated that if a certain percentage of votes is negative/neutral is accounted as “none of the above option” then the election results could be nullified, a new election to be conducted is opened to misuse. Therefore thought should be given to making voting compulsory or at least the process should be made easier. Allowing negative vote to be counted, election to be held again will mean incurring repeated expenditure.

2. Simultaneous elections for Parliament and Legislative

Assembly. Campaign duration be reduced. Campaigning through new means of communication be assessed and accounted for in the election expenses.

3. Candidate should not be allowed to contest from more than one seat.

4.

Fixed campaign slot on national, regional and private television and radio channels should be allowed within proper guidelines and framework. Instead of public rallies one-to-one monitored public debates between candidates should be allowed during elections.

5. Rigging, booth capturing can be curbed with the use of modern means of surveillance like using helicopters, CCTV and videography at polling booth, policemen in plain clothes, etc. Anti-social elements, history-sheeters be put behind bars till the time election are not fully over. The election machinery should be insulated from any post-election


62

vindictive actions of the Govt. of Delhi.

6. Preparation of electoral rolls should be given to full-time staff of ECI or ECI approved vendors. Common electoral roll for all elections. ECI should start a toll free number where eligible voters can seek guidance in respect of registration, transfer of names, EPIC cards and even lodging complaints.

New technology tools like optical character reading software or developing error free multiple or dual language Translator software should be used for error free electoral rolls. Option for on-line registration be explored. Graduate and Teacher constituency voters should not be asked to enrolled as fresh voters after every term and the norm of voter registration for Lok Sabha and Assembly elections should be made applicable here also and voter registration forms for these constituencies should be made available on the ECI website.

7. There should be 33 % reservation for women in candidatures by registered national and state level political parties .

8. Independent candidates should be debarred from contesting elections and if any independent candidate fails to secure at least 5% of the total valid votes polled even in one election then he should be debarred from contesting any future elections.

9. The ECI and its entire staff should be given constitutional protection. However, the same protection and the action of

ECI staff should be subject to scrutiny of Parliament.

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10. Supported the following proposals:-

(i) Independent secretariat for ECI

(ii) Expenditure of ECI be treated as “Charged”

(iii) Restrictions on Govt. sponsored advertisements prior to six months from the date of elections

(iv) Election Petitions against defeated candidates on the ground of corrupt practices

(v) Restriction on Opinion Polls

(vi) Prohibition of campaigning during last 48 hours

(vii) Ban on transfer of Officers

(viii) False declaration in connection with election be an offence

(ix) Punishment for electoral offences be enhanced with six years imprisonment

(x) Restoration of cycle biennial retirement in the Rajya

Sabha/Legislative Council

(xi) Expenditure

Constituencies ceiling

(xii) Fast Track Courts for trial of cases relating to misuse of religion for electoral gain for elections to Council

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(xiii) Totalizer for counting of votes through EVM

(xiv) Re-examination of the provision of Teachers and

Graduates constituencies

(xv) Protection from victimization of Officers post elections

(xvi) Disqualifications for failure to lodge election expenses.

11.

The criterion for eligibility of registered but not as yet recognized political parties needs to be amended. Any newly formed political party needs to contest Municipal, Assembly and Lok Sabha elections within the first 6 years of its formation. The said political party needs to secure prescribed number of valid votes polled and get prescribed number of elected representatives to the house within that time frame. If the political party fails to achieve the prescribed norms within the stipulated time frame, then such a political party needs to be immediately de-recognised and de-registered. Only pre-poll alliance is allowed and postpoll alliance should not be recognized.

12. A special Election Tribunal or Fast Track Courts be set up so as to dispose off all election petitions within six months and the composition of these Tribunals besides having a High

Court Judge, a senior Civil servant not below the rank of an additional Chief Secretary and should have at least five years’ experience of conducting elections as well as a permanent representative from ECI should be on the panel of the Tribunal.

65

13. Demanded e-voting with adequate safeguards as was done in the local body elections in Gujarat. Facility of postal ballot be made available for all.

14. Model code of conduct should be converted into a law.

15. Pre-poll manifestos and post-election common minimum programmes must be registered on affidavit with the ECI and

RTI should be applicable to it.

16. Right to recall elected representatives needs to be considered only after careful study of international precedent.

17. Need to have minimum qualification criteria and other norms for contesting elections.

18. Fixed dead line for trust vote.

19. Delimitation of all constituencies be held after every census.

20. List containing snap-shots of educational, financial assets, criminal antecedents of candidates be made available on-line at the website of ECI.

21. The current ceiling on election expenditure be raised from Rs.25 lakhs to Rs.50 lakhs and for assembly seat from

Rs.10 lakhs to Rs.20 lakhs. The ceiling be reviewed prior to each election taking into account the rate of inflation at that point of time.

66

1. A special corpus be created where corporate can make donations which later on be distributed to all the political parties on the basis of their recent past electoral performances and this should be done under complete secrecy. A competent authority under the jurisdiction of the

ECI be created for closure scrutiny of all the accounts of the political parties. If a political party do not comply with the mandatory regulations on party funding should attract a daily penalty of Rs.50,000 so long as the non-compliance continues.

2. There should be a State funding of elections.

All expenses by the candidate/political parties should be audited by chartered accountants or accounting firms approved by Election Commission and IT Department.

Election expenditure returns filed by the candidates/political parties should be made public along with their annual income tax returns and put on the web site of ECI. The punishment for concealing/providing a wrong information should be imprisonment of upto six years, fine equivalent or double that of election deposit or both, as the case may be.

Supported the proposal on anti-defection law. However, if any elected Member after resigning from the House seeks election from the same House, he may be debarred from

State funding of elections.

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61. Shri Narendra Narayan

Yadav

Law Minister

State of Bihar contesting any election for at least one term of the said

House with imposition of stiff financial and criminal penalties.

Audit and finances of political parties

Review of antidefection Law

1 . State funding of election

1. For defection of political parties the ratio of 1/3 number of the total elected MLAs/MPs is sufficient

2. While deciding cases for disqualifying to contest the elections the cases registered out of the political movement, etc. (like cases u/s 353 of IPC) should be excluded.

1. The Chief Electoral Officer of the State should be designated as an independent Body and work separately

State funding of elections.



68

from the State Government.

2. The post of District Election Officer be made separate from the position of District Collector and the former should be appointed by the ECI independently.

3. Separate EVM machines for men and women in every polling booth with separate queue.

4. Proper lighting in the voting compartment

5. Proper facilities for drinking water and protection from sun heat and rain be made by the ECI

6. The Dummy EVM poster of the candidates contesting from the same constituency be pasted for demo on the booths so as to facilitate the voters to easily identify the process

7. The name of each and every adult person be recorded in the voter list and if any such name is left out then the erring officer/official be held responsible for the same and appropriate disciplinary action be taken.

8. The ECI should ensure 100% issuance of photo identity cards to all voters

9. No duplicity or resemblance of in allotting the election symbol to the registered political parties or independent candidates. For example, during the elections in Bihar the election symbol of “Teer-Dhanush” had been allotted to the candidates of one of the party that has a clear resemblance to the election symbol of “Teer” hold by the JD(U) which had

69

62. Shri Bikram Keshari Arukha

Law Minister

Orissa

63. Shri Ram Prasad ‘Pradhan’

Kesharwani Vaishya Samaj

Reva, M.P.

[consultation held in Bhopal adversely affected the results of the candidates of the JD(U).

10. For election to Legislative Council through the local bodies, the candidates should also be allotted the election symbol because a major portion of the elected members of the local bodies are illiterate.

1. Concealing or providing wrong information in Form 26 must attract stringent punishment.

2. Not in support of the proposal to disqualify merely on the framing of charges in certain cases.


3. Not in support of negative or neutral voting.

4. Ceiling on election expenditure be raised.

5. Disclosure of audit of assets and liabilities of the candidates.

6. Campaign period should be reduced.

7. Electoral rolls be prepared with exclusion of bogus voters.

1. Simultaneous elections of Lok Sabha and Legislative

Assemblies.

2. Preparation of voter list once in five years

3. Criteria for educational qualification for Lok Sabha and

Assembly, such as, minimum Graduate for Lok Sabha and at least Higher Secondary for Assembly.


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4. Security deposit should be raise, such as, Rs.50000 for Lok

Sabja & Assembly and Rs.25000 for Mayor, Panchayat etc.

5. Ban on mid-term elections. If any elected member relinquishes his seat than his election be cancelled and all the expenditure in connection with that election should be recovered from him. If anyone dies then the second to him be elected for the rest of the term.

6. One person one seat stipulation for election

7. Ban on the sale of liquor during election process

8. Rectification of EVM by providing photos of the voter and candidate

9. Compulsory voting

10. Election campaign should be made mandatory by foot and the use of vehicles should be stopped to curb the expenditure

11. MPLAD/MLALAD be scrapped.

12. Election of Prime Minister and Chief Minister be made through direct voting by the public

13. Abolition of Rajya Sabha and Legislative Councils

14. Ban on the donation for election purposes.

Person with criminal record should be debarred from contesting elections.


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64. Prof. Ram Shankar

RD University

Madhya Pradesh

There shall be State funding of elections

1. Provision for an annual report card for all public representatives on the basis of the inputs by the people/experts at local, regional and national levels.

2. Provision for initiation of process of recalling a public representative if his grading is continuously goes down

3. Factors, such as, efficiency in governance, grievance redressal, developmental issues, corruption, accessibility, public morality, etc. be included in the aforesaid report card.

4. Prominent display of the said grading of the public representatives.



5. ECI to undertake and supervise this whole process.

6. Fresh laws be made to strengthen the ECI to effectively supervise controlling and directing the electoral process so as to evolve a filtering mechanism that firmly roots out corrupt practices and persons.

7. Provision for proper connection and mediation between the representatives and the represented category so as to achieve the ideal basic concept of democracy and its linkage to representative democracy. For example, evolution of a

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65. Shri Aswini Kumar Das, IAS

Retd. Additional Chief

Electoral Officer

Orissa system of regular tapping of public opinion to reduce dependence on public representatives.

1. There may be a collegium of members, five in number, independently working alongside ECI following its guidelines to be headed by a retired judge of a High Court with other eminent personalities to select candidates on the basis of their antecedents to contest in the election.

2. Distribution of money, houses, lands and other commodities during the period of election should be stopped and rather it should be carried out by para-military forces.

3. The CEC, ECs and CEO should be chosen by a committee of

Prime Minister or Chief Minister, as the case may be, along with leader of Opposition and other party heads not exceeding five members.

4. Provision for negative or neutral voting.

5. Provision for recalling of MPs, MLAs and other PRIs members after two years of their election.

6. One integrated Election Management Machinery i.e.

Election Commission both for Centre and State.

7. Ceiling on election expenditure may be raised.

9. The platform speech of party and candidates may be


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66. Prof. Surya Narayan Mishra

Retd. Prof.

Utkal University

Orissa

67. Dr. Manoj K Jha RJD avoided.

No State funding. No corporate funding to the parties or candidates.

1. Special courts be constituted to dispose off cases of political nature or if a candidate is involved within a period of sixty days.



2. The parties who have not submitted to 1989 Rules be derecognised. A party formed on the eve of the election should be debarred from fielding any candidate and should wait for five years for fielding any candidate in an election.

3. Parties form from merger or split should not be allowed to contest election immediately after formation.

1. Express concern over growing instances of paid news and of the view that a body comprising of people from ECI, PCI and representative of civil society which is empowered to look at and scan news from all spheres by using content analysis having powers of quasi-judicial in nature.


2. Also express concerned about the opinion poll.

3. Suggested that section 120(1)(b) can be amended to include the print media as well so that possible violation of

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68. Shashi Kottrakkra

Gen. Secretary

The Life

Society any activity could be checked.

1. There should be some mechanism to prevent people having criminal background from entering into political arena.

There should not be any kind of state funding of election and the ceiling of election expenditure should be kept at bare minimum.

1. Prescribed special qualifications and age of retirement for becoming a member of Parliament and State Legislature.

2. Election be conducted with the help of Officers from the cadre of different States so as to avoid any influence from the ruling party.

3. As the candidates are elected to serve for five years but in case if due to the death of a candidate any seat is become vacant then instead of going mid-term poll powers be given to the Chief Minister in case of Legislative Assembly seat and to the Member of Parliament in case of Legislative Council seat for the rest of the term.

4. As the Constitution recognizes one person one post therefore, any representative of the people who is holding any constitutional post should be debarred from contesting

75



69. Shri Mukat Singh

Society for Agro-Industrial

Education in India

Uttar Pradesh any other constitutional post.

5. ECI should constitute an independent investigating agency for investigating the income and all direct and indirect expenditure of the candidate.

6. The asset of the elected public representative earned during his tenure should be furnished to the ECI and be made public through publication so that the public should have the information about the same in order to curb the corruption.

Those elected candidates who are deliberately involved in defection be punished with an imprisonment and all the properties acquired by him should be confiscated by the government. They should be debarred from contesting any future elections.


1. Provision for neutral voting.

2. Expenditure on campaigning must be curbed and monitored strictly.


3. Misuse of religion and caste must not be allowed and rather be investigated.

4. Periodical revision of constituency boundaries and reservation thereof.

5. Enhancement in the punishments for electoral offences

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70. Dr. Bishan Chand Goyal

Sarbjan Uthan Samiti

Lucknow

71. Shri Satya Narain Shukla

Gen Secretary

Lok Prahari

Lucknow

6. Proper efforts for encouraging voting percentage among educated citizens.

7. Independent candidate should be encouraged

8. Representatives of voluntary organisations having tract record of service to community should be supported to contest election as independent candidate.

9. Nomination of honest, committed and selfless workers be increased to bring a balanced and constructive thinking in

Sabha and Assemblies.

Only those candidates who are active members of any political party for the last five years continuously can contest elections on party tickets. This provision be made mandatory for registration and renewal of political parties and be included in the Constitution and bye laws of all the political parties.


1. Suggested for the replacement of First Past the Post system.

2. Not in favour of negative or neutral voting.

3. Supported recommendation of NCRWC on official limit on election expenditure.

4. Form 26 should be amended for disclosure of assets and liabilities and stringent punishment under section 125A be provided for violation of that provision.


77

5. Ensured that the House lasts its full term and the law should provide that a no confidence motion must be accompanied by an alternative replacement or the House should elect its leader.

6. Simultaneous election for Parliament and Assemblies.

7. There should not be any partial state funding.

8. Common electoral rolls for all the elections.

9. The rigging of elections be made cognizable offence.

10. Independent candidates loosing security deposit thrice from the same seat consecutively be debarred from contesting for the same office.

11. Supports that CEO should be from Central Deputation

Reserve.

12. Govt. sponsored advertisements be banned.

13. One can contest from only one seat.

14. Election petition be filed against the defeated candidate and the time for filing election petition be increased to 45 days.

15. Opinion Polls be banned and section 126(1)(b) be made applicable to print media also.

16. Not in favour of banning door-to-door campaigning during last 48 hours.

78

17. He is also in favour of the following proposals of the ECI:-

(i) Ban on transfer of Officers;

(ii) False declaration in connection with election;

(iii) Punishment for electoral offences to be enhanced;

(iv) Restoring the cycle of biennial elections;

(v) Expenditure ceiling for election to council constituencies;

(vi) Prohibiting misuse of religion for electoral gains;

(vii) Totalizer for counting of votes;

(viii) Re-examination of the provision for Teachers’ and

Graduates’ constituencies;

(ix) Victimization of Officers

(x) Disqualification for failure to lodge election accounts;

(xi) Regulating political parties

(xii) Auditing of Finances of Political parties.

(xiii) Review of the anti-defection law.

18. Pending acceptance and implementation of the recommendation of the Second ARC, the recommendations of the National Commission and the Election Commission be implemented forthwith. Moreover, the nominated judge should not be changed by administrative order and failure to

79

72. Shri M.J Akhter

Lucknow

73. Ms. Omwati

Minister of

(Independent Charge)

State

Khadi and Gramoudyog

Govt. of Uttar Pradesh

74. Shri Ehsannul Haq Malik,

S.N.Kushwaha

Pichra Samaj Mahasabha

Lucknow dispose of the Election Petition even in 2 years in gross violation of the provision of Section 86(6) and (7) of the Act should amount to judicial misconduct.

1. Supported the proposal on criminalization of politics.

2. Requested for scrapping of section 8(4) of the RP Act,

1951.

1. Ensuring of 70 percent of genuine voting.

2. Ensuring issuance of EPIC card by ECI making it more attractive.



Suggested for evolving a fool-proof system of counting and tabulation of votes at the counting place by ensuring that at the end of each round all the contestant candidates must get result of each table under the signature of RO or ARO.


1. Suggested for amending the RP Act, 1951 and the

Constitution, if need be, to introduce creamy layer system in the electoral process of the country to curb the political criminalization and promote contesting of elections by fair and educated person. This will make available the social and economic equality to the general public.

2. In addition to the suggestion of ex-CEC Sh. JM Lingdoh for


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75. Mr. Duriamurgfugan

Minister for Law, Courts and

Prisons,

Govt. of Tamil Nadu debarring the person to contest election if a chargesheet has been filed against him in a court of law, it is further suggested that the person should also be debarred irrespective of the fact that the case is pending in the court only for one or two month. All such cases should be disposed off within six months.

1. The expense ceiling on elections should be reduced.

2. The creamy layer system should be implemented not only to the elections of Lok Sabha and Assemblies but also to the

Rajya Sabha and Councils.


3. The voter should be empowered to reject any corrupt candidate and in case such a candidate won the election, the voter should have the right to recall his election.

4. One more column should be added in the ballot paper i.e.

“None found suitable”.

1. Provision for suitably modification of definition of a political party under section 2(f) to exclude recognition of political parties on caste basis.


2. Surrogate advertisement should be barred.

3. Exit polls and opinion polls must be prohibited.

4. The Cable Television Network (Regulation) Rules, 1994 must be suitably amended to bar the misuse of electronic

81

76. Communist Party of India media.

5. Holding of primary as in foreign countries can be considered to select proper candidates for the party to curb the use of money power.

6. Candidates should not be allowed to contest in more than one constituency.

7. Voting must be made compulsory.

8. Provisions for negative vote, constitution of Tribunal for election matters, disqualification and recall of elected candidates require immediate attention.

1. The proportionate representation to the political parties on the votes polled should be thought of.

2. This is the appropriate time to introduce a system of

“Right to recall”.

3. Negative or neutral voting should be allowed.

4. Special courts at District, State and National level should be constituted to decide the electoral disputes within six months.

5. Establishment of polling stations as near as possible.

6. Govt. should itself provide minimum conveyance facility to the voters.

The political parties should reveal the source of their funding



82

77. Shri B.S. Manjunath

Advocate

78. Shri Marasandra Muniyappa

Bahujan Samaj Party

Bangalore and entire information about how they spend.

The appropriate act of people would be to enact a provision wherein there would be a board constituted and any person intending to contest election shall make application accordingly. The name of such person shall be made public, prescribing appropriate procedure for attaining effective publicity, so that people can file their objections. Whenever such intent is published, by default police, financial institutions and all concerned department or authorities shall inform the board about the details of transaction if any relating to such person. The board shall not have any power of certification or disqualification. The board shall only classify the candidate.


All kinds of exit poll, opinion poll and pre-poll analysis must be prohibited.

The anti-defection law should be amended so that one must be disqualified by ECI without scope for defection in the garb of merger and he must be barred from contesting elections for 5 years.

State funding with strict vigil in order to curb the misuse of money to woo the voter.




83

79. Shri Prashant V Hamine

80. Shri Tushar Gandhi

Managing Trustee

Mahatma

Foundation

Gandhi

81. Shri Dayanand Bhoja Shetty

Advocate

82. Rashtriya Matdata Manch

83. Campaign for Electoral

Reforms in India

The candidates implicated in false cases should not be barred till they were convicted by court of law.


As stated at sl. No. 46 and 60 above. NA

Referring the scourge of paid news, he has suggested to have some mechanism on the lines of Film Censor Board which will oversee that media observes the code of conduct during the election.


Expressed concern over the discussion on opinion poll/exit poll on pattern of voting by any caste/community during election.


They have not made any specific suggestion. NA

They have suggested for adopting the proportionate electoral system in place of the present First Past the Post system and given a detailed study report on it.


84

84. Shri Sudhir Pandey

85. Shri Rahul Anand Maslekar

Mumbai

There should be at least basic qualifications, viz. X pass.

There should be a retirement age of 65 years. Govt. should take responsibility for collectively publishing manifesto of each party to the public and inviting their debates on the national television and no individual publicity should be allowed. Each leader should have his hot line phone and a call centre to the people and solve their grievances. All the candidates should be screened through a body consisting of ethical groups, good person from different sections and they should change at every election and people with criminal background should be discouraged. Every body should be bound to vote. There should be ATM machine where one can cast vote. Graduates and computer savvy can be given the permission to vote through internet with adequate safeguards of biometric verification etc. There should not be separate reservation for women.


Charge sheeted person be barred from contesting elections.

1. Provision for negative voting in EVMs.

2. No person should contest election from more than one seat.

3. Govt. official defence personnel and para military forces be provided facility of internet voting.



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86. Shri Keval Ukey

87.

Advocate

State Gen Secretary

Shri Shivendra Tripathi

88. Ex. Lt. Col. Balarathinam

Mumbai

89. Shri N.P. Mohapatra

Mumbai

National

Movement

Justice

Maharash-tra

Dalit Urged for developing a mechanism to ensure greater for participation of Dalit communities during elections to the

Lok Sabha, Legislative Assemblies and local bodies election.


1. Provision for internet voting or some secure with proper authentication voting to get larger participation.

2. Issue of passport be made dependent on possessing voters id number.


3. Small camps in line of pulse polio abhiyan can ensure registration of all eligible voters.

4. Process of voter registration should be simplified. Pan card registered users with all income tax paying users should be automatically become a part of voters’ database.

Means be explored so that each elector irrespective of the fact of their residence he can vote at any place on any given time frame.


Electoral registration be made user friendly and persons who are eligible to enroll be allowed to send their scanned documents to the ERO for verifications and enrollment. Any further change be allowed with issuance of password, id, etc. and be made through user friendly gateway specifically created for this purpose.


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90. Shri Madhav Deshpande

President

Forum for Justice

91.

92.

93.

94.

Dr. Leo Rebello

Tel No. 28872741

Shri G. Kumar

Mumbai

Shri Mahesh Vijapurkar

Mumbai

Shri Vas Dev

There should be two party system and votes polled in different constituencies will be the parties and not individuals. They have suggested some formulations to be adopted for functioning of those two political parties, formation of ministries, etc.


Though he has not suggested any specific amendments he seeks an appointment for offering his take on electoral reforms.

NA

He has suggested that the remuneration be allowed to all the elected representatives like monthly salary, joining allowances, interest free vehicle loan, blackberry, laptop, desktop, printer, tickets for trains and flights, insurance, exit pay, etc. so that they can work freely for the betterment of the society.


Former

Editor

The Hindu

Deputy Urged to have some mechanism for putting restriction on paid news syndrome.


The fiefdom syndrome should be banned for functioning of political parties and the head of the party should not have the powers to nominate more than 50 percent of officebearers and working committee members.


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95.

96.

Shri Runjhun Uniyal

Shri Ajit Ranade

97. Shri Nitin Kulkarni

98. Shri H.K.Sharma,

H.No.212, Rishi Mohalla,

Nawanahahr-144514

Suggested for installation of CCTV cameras in all polling booths and starting a helpline where in information about the nearest polling booth etc. should be available.


Requested for implementation of the 170 th Report of the

Law Commission and the suggestions of the ECI.


1. Model code of conduct needs to be given statutory backup.

2. Only national parties to contest Lok Sabha Elections and

State parties to contest the assemblies’ elections.

3. Simultaneous elections for Lok Sabha and Assemblies.

Supported the proposal of ECI on anti-defection law.



1. No person should be permitted to contest from more than one constituency.

2. Need to put a ban from resigning his/her seat. But there must be provision for removal if he/she commits any crime etc.

3. Reservation of Seats should be abolished.

4. Need of Negative Voting.

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99. Dr.Chandar Pal, IAS,

Former, Secretary, Govt. of

India,

BRS Bhavan,

505 B,

Kamala Nagar,

Agra.

Adarsh

Party,

BRS Bhavan,

505 B,

Samaj

Kamala Nagar,

Agra.

5. Only elected members should be appointed to ministerial posts.

6. Persons aged above 75 years should not be allowed to contest.

7. Minimum education level like graduation be there for contesting elections.

8. The Affidavit declaring assets and liabilities should be duly supported by documentary evidence.

9. A Candidate desirous of contesting elections should do from that constituency where he/she is listed as a voter and from nowhere else.

Criminal against whom charge-sheet has been filed should be banned from contesting elections.

Opposed State Funding of Elections.

(i) Definition of criminals need to be expanded to include all such candidates who have been charged or have record of cases under various laws regarding intimidation of public such as Goonda Act, NSA, Sc/ST Act, Violation of civil rights

Act etc. as it is often not possible for such persons to be prosecuted due to their influence in the area.

(ii) to include the offences under various Acts for prevention of corruption and other Acts having financial implications




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and Income Tax defaulters.

(iii) To cross check the information in the affidavit and it should be widely published in the constituency at the cost of the State so that the voters can make an informed choice.

(i) Suggested for implementation of Negative or Neutral voting system, as it strengthens the decision making of the public and would encourage people to vote.

(ii) Suggested that increase in the official ceiling limit would further deter common man from contesting in the elections and only super rich would be able to afford it.

(iii) Suggested to take efforts for detecting purchase of votes.

(iv) Suggested that all expenditure incurred for announcement of welfare schemes, just before the elections by ruling party and the wide publicity given to candidates during the launch of these schemes should be counted as the expenditure of the candidate.

(v) Suggested that any news which appears in the media during the campaign period should be treated as paid news and its cost should be included in the expenditure of the candidate.

(vi) Suggested that electoral rolls to based on the UID project with frequent updation and the EVMs should be modified to read finger printer ID of the voter of the voter to control bogus polling, rigging and booth capture.

(vii)Suggestion to increase the polling time for more than

ONE day.

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(viii)To use mobile polling booths to encourage people to cast their votes in larger numbers even from the remote areas.

(ix)To link EVMs in a network through which migrant voters can also exercise their franchise, with identification done electronically, on the basis of the bio-metric data provided for in the UID project. Also suggested to develop a web portal to enable people to cast their votes from their homes or from a network of EVMs similar to bank ATM network.

(x)Opposed the banning of candidates from contesting elections and further stated that putting any cap on the number of elections contested by an individual would not serve the purpose as every time a fresh person would be fielded, intelligence should be collected on such candidates and action should be taken against them.

(xi)Opined that with the introduction of UID and inclusion of

Bio-Metric data and photographs of the voters in the voter list, existing system of appointment of candidate’s agents outside and inside the polling booths should be banned.

These agents serve as the last minute inducement to the vast illiterate masses and act as a conduit for bribing the polling party.

Suggested for regular verification/auditing of the expenditure and publicity of returns filed by the candidate in local press.

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100. Shri Rajeev Chandrasekhar,

M.P. (RS),

211, North Avenue, New

Delhi.

Strongly supported the move for state funding of elections so that it would be in the interest of the democracy, every citizen can think of contesting elections without worrying expenses.

(i) De-politicize appointments to Election Commission

(ii) Give power to the Election Commission to form its own laws unlike the present scenario wherein the Election

Commission has to wait for the elected representatives to approve its recommendations. Election Commission should also be allowed to have its own budget and final say over the expenditure.

(iii) Make EVMs tamper proof and improve its credibility

(iv) Power to be given to the Election Commission for deregistering political parties.

(v) Concurrent elections to be held for State and Centre to ensure free and fair elections at minimal costs to the exchequer.

(vi) Recall the elected representatives should be provided to the Electorate.

(vii) Suggested to give ‘None of the above’ option on the

Ballot so as to help increase in voter turnout.

Audit and finances of political parties



92

(viii) Suggested that the elections should be conducted on the same day and not in phased manner.

(ix) Suggested that the election results should be announced on the same day.

(x) For giving the common man a real chance at democracy, there should be a strict cap on election expenditure which should be strictly monitored

(xi) Steps to increase awareness of participation in democratic process.

(xii) A 4-month pre-election budget should be ear marked by the EC to enable a smoother registration process, crosscheck if there are mistakes in the Voter’s list etc.

(xiii) Easier and simpler registration process.

(xiv) Suggested for a provision of mobile voting/absentee voting.

(xv) Voting rights for citizens abroad.

(xvi) Compulsory voting should be strictly complemented with “49 – O” made available on the EVM.

(xvii) Suggested that an incentive based approach is needed to encourage citizen participation in the electoral process.

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101. 1.Shri T.V.Asari,

Retd.Dy.Director (Finance),

ICAR,

‘Anil Nivas’ RRRRA72,

Rice Research Rd, Cochin-

682 019.

A.Rajappan 2.Shri

(Retd.HSA)

‘INDU’

Advocate,

54/3302

Kadavanthra, Cochin-682

020.

Along with providing an incentive to the voter, the opposite of that should be imposed on the non-voter.

(xviii) Suggested to increase the number of polling booths to reach out more people and to reduce the long waiting queues.

(xix) Suggested that any news which appears in the media during the campaign period should be treated as paid news and its cost should be included in the expenditure of the candidate.

1. The EC should be made responsible for monitoring and enforcing the recommendations made by various committees and citizen forums and to publish the same for information of the general public.


2. Dynastice practice of inheriting the right to contest elections should be curbed. Social service records should be criterion and minimum qualifications for candidate can also be prescribed.

3. Proper scrutiny of the affidavits filed by the candidates regarding their assets and liabilities by appropriate revenue and police authorities within specified time limits. Any defects or suppression of fact should entail forfeiture of candidature or position of authority held by the candidate.

4. At the time of assuming charge of any office or authority and also at the time of relinquishing the office, every candidate should declare the assets of him and his family members/close relatives.

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5. Necessary facility for verification/social audit of the assets of elected members may be created. If any candidate found making false declaration should not be allowed to safeguard such individuals from legal action against them.

6. Welcomed the suggestion made in the background paper para 5.3 regarding curbing the cost of campaigning.

7. Strongly supports the recommendation of Core

Committee not to allow any candidate to contest election for the same office from more than one constituency.

8. Participation of two-thirds of the electorate in the voting and 30% of the votes polled for the candidate to be declared elected should be made mandatory. Any candidate obtaining less than 30% of the polled votes should be debarred from contesting election for next five years and should be made to bear 1/3 rd of the election expenditure incurred by the Govt.

9. Any candidate wishing to contest for election should invariably be a resident of the respective division/Panchayat/municipality/corporation/constituency and should possess.

10. To ban all types of exit polls.

11. In case any elected candidate wishes to vacate his seat in order to accommodate another person to get elected from that seat as part of adjustments suggested by his political party should be debarred from contesting elections for the

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rest of his life.

12. Only persons duly elected should be appointed to ministerial posts.

13. Any political party formed on the basis of any religion should be required to restrict membership by a particular religion to a maximum of 60% of the total membership.

14. All election disputes and petitions are to be examined and resolved by the Election Tribunal within a period of 6 months from the date of its filing.

15. Bogus voters should be seriously viewed. Automated online data base should be created by the EC.

16. Unique, bar coded biometric ID number for every voter for life.

17. Election Commission should be given full powers to order fresh election or repoll in cases of booth capturing, intimidation of voters and rigging through muscle power.

18. Proper audit of election expenditure of the candidates.

19. To limit the campaign expenditure.

20. Audit of the assets and liabilities of each candidate.

21. Increase the security deposit to prevent the non-serious candidates.

22. Independent candidate fails to obtain at least of votes

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polled should be debarred from contesting as an independent candidate for the same office for 6 years.

23. Voilation of provisions especially relating to violence, casteism and communalism should entail cancellation of registration of such political parties.

24. Provisions for submitting annual statement of expenditure duly audited by the Chartered Accountants approved by the Election Commission.

25. Not to allow the pension to the elected representatives after holding office for a short term. Conditions should be there enabling restriction of pension to such members as in the case of State/Central Govt. employees. Minimum period of serving the legislature may be prescribed.

1. Adequate and strong constitutional provisions for effective check on criminalisation of politics.

2. Candidates with criminal background and convicted should be disqualified and special courts should be set up to examine such cases

Strictly prohibit the defection.

Criminalisation of

Politics

1. The annual statement of expenditure along with the audit

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observations should be published.

2. Ban any donations to political parties by

Govt./PSUs/Deptts.


102. Shr.L.K.Advani Shri L.K.Advani,

Leader,

Bharatiya Janata

Party.

1. In his blog on 28 th May, 2010, he has suggested fixed term for Legislatures and simultaneous Lok Sabha and Assembly

Polls.



GIST OF THE REGIONAL CONSULTATIONS

Regional consultation at Bhopal (12.12.2010)

Shri Vivek Tankha, Chairman, Core Committee, briefed the meeting on the subjects relating to electoral reforms and expressed the view that today we are facing trust deficit in the electoral process and the necessity of addressing them.

Shri S.Y.Qureshi, Chief Election Commissioner while speaking on the occasion has stated that the Election Commission was borne on 25 th

January, 1950, a day before India became Republic and since that day it has acquitted its functions to the satisfaction of all. He stated that on the issue of criminalisation of politics though all political parties have opposed it but yet the Hon’ble MLJ has made it a first agenda with open mind which shows that how serious we are on the issues of electoral reforms. He said that I am unable to understand that when with detention of a person, his fundamental rights are curtailed but right to fight elections which is not even a fundamental right is sought to be protected. CEC has

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categorically stated that the Election Commission is not in favour of state funding of elections.

Dr.M.Veerappa Moily, Hon’ble Minister of Law and Justice while speaking on the occasion said that electoral process is sinking in the pool of maladies and he has pointed out three distinct areas of reforms

(i) Constitutional;

(ii) Election Commission, its structure, system including innovative system and

(iii) Election laws.

Hon’ble MLJ has stated that the dismantle or destruction of obsolete is the beginning of reforms. He stressed on the need that the Election manifesto must have the value. Describing the electoral reforms as a national agenda, the Hon’ble MLJ has said that it is a challenge to hold free and fair elections in the country. The Hon’ble MLJ has further stated that the regional consultations and the national consultation is a process to get the well informed views and to build opinions on the electoral reforms so that a road map could be drawn for taking corrective measures and ultimately to make India as a role model democracy in the world.

Shri Hari Ranjan Rao has stated that there should be massive use of information technology and there should be combined elections.

Shri Manoj Srivastava was in favour of establishing a Broadcasting Standards Commission which will formulate the guidelines to be followed by the broadcasting media.

Dr. Sandeep Khanna spoke on the election dispute and was of the view that such petitions become in fructuous and he is opposed to the idea of setting up of the Election Tribunal as the Chief Lok Sabha Electoral Officer may dispose of the election petitions.

Shri G.S. Shukla spoke on preparation of Voter List and expressed the view that such lists are never perfect and awareness is required to be created and there should be common electoral rolls.

Shri Ramesh Chander Aggarwal has expressed the views that coalitions may be declared at least two months before the elections and efforts should be made to increase the percentage of votes casted in the elections.

Shri Rajinder Kothari has stated that the law may start asking for the source of donations and three EVMs may be put for simultaneous elections to Lok Sabha, Legislative Assembly and Panchayats/Municipalities.

99

Shri Rajinder Sharma has stated that polling booth may be provided for 500 voters and professionals may be engaged for preparation of voters list. On-line voting may be considered and voting may be made compulsory. He said that you yourself is a problem if you are not part of finding solution to such problem.

The Hon’ble Deputy Speaker of the Madhya Pradesh Legislative Assembly has stated that candidates indulging in criminal intimidation may be debarred from fighting elections for six years and simultaneous elections should be held on a single date.

Shri Suresh Pachori, State Congress Leader, Madhya Pradesh has stated that voters list may be made available to all the candidates. The election petition may be decided in a fixed time frame and qualifications of candidates may be prescribed and opinion polls prohibition may be taken for consideration.

A representative from Legislative Assembly of Chhattisgarh has expressed the view that officials engaged in the conduct of elections may cast their votes in the areas where they are posted and it is necessary to see as to how election expenditure could be brought down in a country like ours.

Shri Shivraj Singh Chauhan, Hon’ble Chief Minister of Madhya Pradesh has inter alia, expressed the view that continued involvement in elections distract us from taking any development plan; and therefore, Lok Sabha and Assembly elections may be held on a single day and at one time and if necessary even constitution may be amended to provide for this simultaneous elections. He categorically stated that there should be state funding of elections given through the Election Commission and anyone found violating the laws should be debarred for life for fighting elections. He has stressed the need to have fixed tenures for the Lok Sabha and the Legislative Assembly.

Regional consultations at Kolkata (9.1.2011)

Shri Narinder Kumar Yadav, who represented the State of Bihar, stated that the District Election Officer should be an officer other than the

District Magistrate and the election machinery should be independent of the Government By law it should be ensured that no adult is left out of the electoral list and responsibilities may be fixed of the officers responsible for it.

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Shri Vikram Keshari Arukh who was representing the State of Orissa, has stated that negative voting is not acceptable to them.

Shri Ravi Lal Maitra has stated that it often comes to our notice that the names of voters have been deleted and some names are included hurriedly and therefore constant transparent method of revision of electors list should be there. There should be guidelines for observers.

The National Election Watch, an organisation of civil society, has observed that the process of giving tickets is non-democratic and there should be a Bill on regulation of the conduct of political parties to ensure democratic form of elections within the parties first.

Justice Chittosh Mukherjee has said that the transparency and sensitization of electors are required as only registration of voters would not be enough. He has suggested that services of retired judges may be obtained for deciding election cases. From the general public, a suggestion was made that second choice on voting should be given and as soon as a charge sheet is given then such person be debarred from contesting the elections.

Shri Mukul Roy, Minister of State for Shipping, has expressed the opinion that Election Commission should take over entire law and order unto themselves before the conduct of elections however the state should not be put under President’s rule.

Prof. Shaugata Roy has stated that elections should be held under the aegis of the central police forces and state police may not be put on election duty.

Shri Bikas Ranjan Bhattacharya (KMC), has stated that the preparation of flawless electoral rolls is basis of better management of elections.

Election Commission’s expenditure should not be made charged expenditure on the Consolidated Fund of India because accountability to

Parliament should continue to remain. All powers should be with accountability which guides us before considering any change in the status of

Election Commission.

Shri Himanshu Das, CPI, has stated that migrant voters/workers should not be denied of voting rights and political parties may be derecognised, if they indulge in religious activities.

Shri B.D. Pandey, IG (Prisons), West Bengal has suggested that section 62 (5) of the Representation of People Act, 1951 should be amended to give prisoners voting rights as many of the countries have given voting rights to their prisoners. When under trials are not denied any rights

101

under the Constitution or any other law then the prisoners may also be permitted to exercise their right to vote.

Regional consultations at Mumbai (16.1.2011)

Dr.M.Veerappa Moily, Hon’ble Minister of Law and Justice presented the agenda on electoral reforms for discussion with the words “the elections are the festivals of democracy” and referred to the historical fact that out of 21 civilisation, 18 collapsed due to lack of character. He also referred to the 2 nd Administrative Reforms Commission which dealt with anti-defection law and stressed the need for integrity of candidate in elections.

Shri Rane, Speaker of Goa, stated that powers vested in the Election Commission should not be unfettered. The power to decide the disqualification should be with the judiciary or the Election Commission and he referred to the Election law of the Kingdom of Bhutan Act of 2008 which prescribe the qualification for candidate and prohibit any candidate with criminal background in fighting elections.

Shri Prithvi Raj Chauhan, Chief Minister, Maharashtra, has inter alia stated that one thousand plus political parties are not acceptable to us.

This needs to be debated. There should be transparency in how political parties should conduct themselves. The issue of paid news needs corrective measures. Law may provide for a time-frame for taking up of confidence motion and in case of election petition too, a time-frame may be given.

Shri Ali Jafar Zakaria, (Congress) has suggested that fast track courts should be established in every District and those found guilty should be punished and barred from contesting the elections. Partnership with NGOs may be formed for bringing awareness in citizens about their right to vote. He suggested that some qualifications for candidate should be there, such as graduates, with age where younger should be preferable.

Candidates with criminal records be barred from contesting elections. The term for elections should be three or maximum four and what is important that the voters be educated as to how valuable their votes are.

Mr. Davindra Phadnis (BJP) has stated that voters list is the basic tool for better conduct of elections. There are faulty voters list and no comprehensive revision of voters list have been undertaken so far. In any given constituency, about 20% voters are non-existent. Persons securing

50% votes of the total turn out get elected, which means they are elected by minority. He suggested that a time limit be fixed and Election

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Commission should go in for comprehensive revision of voters list. In our country voting shall be made compulsory as in Australia. On the use of

EVMs, he suggested that the casting of votes through EVMs should be with a paper back up.

Mrs. Neelam Gorhe (Shiv Sena) has stated that a time table should be formed for various elections and people be made aware of this.

Criminals/culprits are given parole during elections which is a serious matter and this be taken up by Election Commission with the Home Ministry.

Public transport for rural areas/urban areas be made freely available. Anti-defection law is not made applicable to municipal corporations which may be examined now.

Shri Parkash Reddy (CPI) has stated that many citizens do not get their voting card as their names in voter list do not exist. Many citizens are not registered in the electoral rolls because they do not have permanent address. This may seriously be looked into. It is necessary to make a distinction between criminal and political activist and the right to recall elected representative may be provided in the law.

Dr. Ajit Ranade has expressed the opinion that affidavit should have a summary sheet containing disclosure of income, Pan Number, and the source of income and the expenditure incurred by political parties. In the EVM, a button may be provided to register a vote as none of above.

Serious action should be initiated against candidates not filing expenditure report. Citizens may be allowed to inform violation of election Code by the candidates or political party. The Returning Officer should be given power of Magistrate in deciding the cases on filing of nominations.

Certain other suggestion came from public that there is duplication of EPIC nos., common name in the voters list and many voters exist with same name and number. This requires a comprehensive review of voters list.

Shri Tushar Gandhi has stated that freedom of press is very important but the misleading news, should be banned.

Regional consultations at Lucknow (30.1.2011)

Ms. Mayawati, Hon’ble Chief Minister of Uttar Pradesh has stated that today there is great scope for electoral reforms as the people even today cannot exercise their right to vote fearlessly. She stressed the need that more and more voters be made aware of the importance of electoral process and their valuable right to vote. It is often suggested that there should be law to check criminalisation for five years or more punishment related offenders who may be banned if charges have been framed. However, it should also be kept in view that false cases may be lodged against

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the person to prevent him from contesting elections and therefore as long as a person is not convicted and punished in a case, he should not be declared ineligible to contest the elections.

She said that the exit /opinion polls should be banned fully and punishments may be provided for the reason that such restrictions does not violate fundamental rights, rather it affects the right of the people in exercising their voting rights freely.

Shri Verma, a representative from BSP spoke on electoral roll where he observed that the voter list is erroneous and incomplete and suggested that there should be one electoral roll name and one registration. Election Commission may be given power to de-register political parties.

A representative from INC has stated that electors be educated and there should be accountability of political parties. The persons without any address may be registered as electors and victimization of officials after elections should be removed. Election Commission should be free from any influence and therefore persons retired from Election Commission should not be given any appointment in government otherwise they will get influenced. There should be state funding of elections.

Shri Babu Ram, IAS (retired), has stated that election petitions should be decided in time bound manner. Pre poll alliances should be made mandatory and constitution of political parties should be through a legal document/backing. There should be an Election Tribunal to hear any grievance relating to electoral matters. Only political parties should accept donations and the doctrine of referendum may be ensured through law so as to provide for the right to recall the elected representatives. Any election in political party be conducted by the outside machinery.

Shri Dinesh, a correspondent has suggested that the voting age may be raised to 21 years and CEC officials should not be given any privilege.

I.C. Dwivedi, a representative from IADR, has suggested that punishments under sections 171 A to 171 I, should be increased and disqualification be made for six years.

Mrs. Rita Bahuguna Joshi, Indian National Congress, has stated that most of the recommendations made by various Committees on electoral reforms if implemented, will change and improve the electoral process. If a person is charged with heinous crimes, then he should be barred from contesting elections. The right to recall should be with the people. Paid news should be stopped and opinion/exit poll should be banned. She has suggested that the state funding of elections may be made available to women and the marginalized sections of the people.

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Officers indicted by the Election Commission should not be given any posting for two years.

Shri Ramesh Pokhriyal, Hon’ble Chief Minister of Uttarakhand, has inter alia, stated that State should fund the elections and the State and

Central Government should share the expenditure on funding of elections. He has suggested that the Prime Minister and Chief Minister should be elected directly by the people. The EVM machines on use should provide an acknowledgement. The eligibility of the candidate should also be considered. He has expressed the view that even giving of one day’s pay to labourers and other poor people may be considered if they do not turn up for voting due to the earning of livelihood.

Regional consultations at Chandigarh (05.02.2011)

Shri Bhupinder Singh Hooda, Hon’ble Chief Minister of Haryana gave his take on the electoral reforms and suggested the following:-

(1) Expressed his views against the present proposal on criminalization of politics as it would only lead to victimizations of the people.

(2) Supported ‘None of the above’ option in EVMs and if it exceeds the number of votes by any of the candidates then a fresh poll should be called.

(3) Limit on election expenditure must be reviewed periodically and linked to inflation. State should also support through providing several items to the candidates.

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(4) Mechanism should be evolved to put a ban on donations from blacklisted persons.

(5) Proposal to put ban on Government Advertisement before six month be reviewed and would be allowed so that the development project would not get hampered.

(6) Model Code of Conduct for elections also needs to be reviewed.

(7) Surrogate advertisement needs to be banned/curbed.

(8) Transfer of polling personnel before six month and after six month would not serve the purpose.

(9) Proliferation of political parties needs to be rationalized.

(10) Against the present proposal on Anti-Defection Law and desired that once the person defects, it should lead to disqualification automatically.

(11) Modifying the first-past-the post system.

(12) Common electoral rolls be adopted and used.

(13) Political parties should look themselves and start reforms for themselves.

(14) Suggested the before going for any amendment in the election laws it must be deliberated at length and come out with some concrete ways to be put forward for implementation.

Chief Election Commissioner has thrown light upon the proposals in the background paper and their needs. He has stated that the Churches in Mizoram come out with a proposal to put a ban on any campaign in the last 48 hour. He has also voiced concern that the present proposal of state funding of elections would not serve the purpose, and the Commission is against of it.

Shri Manish Tewari, Member of Parliament has raised some of the issues which are as under:-

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On criminalization of politics he emphasized on the situation as to why the criminals get attracted to a political career. He has suggested that instead of going for the present proposal which would be just a band-aid solution to this problem we must start with the police reforms so that real hard core-criminals be brought before the justice. He has also emphasized that the limit on election expenditure should also be rationalized and increased. He also emphasized that if any expenditure violation is noticed then it must incur disqualifications and the onus to prove innocence should lie with the violators. As regards the audit and finances of the political parties he was of the view that the annual declaration relating to provisions of the Constitution of the political parties be submitted, and if, at any point of time, it is found that the provisions of party’s Constitution, is not followed then Election Commission should be empowered to de-register those political parties. Further, cap on contribution made by the companies limiting 2% of its net profit be raised, and it should be left to the director of the Companies to decide the quantum of the donations to be given to the political parties. As regards the Anti-defection law, he emphasized that the provisions he proposed in his Private Member’s Bill may be adopted. He has stressed upon the fact the political parties are now starting their own channels and a nexus between media and parties has been formed, and in the above backdrop the menace of the paid news be banned.

Shri Salman Khurshid, Hon’ble Minister of Minority Affairs and Water Resources has emphasized the need for a discussion on the first past the post system and list system as several negative influence like caste system, and communal system can be overcome with it. He has further stated that the decision to donate any contribution to the political parties by any company should be left to its shareholders. He has also stressed upon the need to simplify the procedure for filling election petition as most of the petition get dismissed on technical grounds rather on merit, e.g. all pages of the petition should be signed by the petitioner and if any page is found unsigned then the petition gets dismissed. He has also emphasized that the Election Commission be made one party to the petition as at present after completion of the election, the Election

Commission does not get involved in it. He has also stressed that the Election Commission may be used as an amicus curie. He has further stated

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that there should not be any deletion of names, and if any name is deleted then it must be publicized so that people get to know about it. This needs to be discussed in details. He has also demanded that the paper trail facility be added in the EVMs and with the technological advancement using of biometric verification in the EVMs need to be explored so as to avoid any selective rigging and booth capturing.

Shri Pawan Kumar Bansal, Hon’ble Minister of Parliamentary Affairs has emphasized the need to have proportionate representation system or list system in place of the present first past the post system. He has also stressed that ‘None of the above’ option be added in the EVM, and if this option gets more votes than any other candidates, then fresh poll be called. Only those candidates who get 50%+1 votes be declared elected. A definite norm to regulate the number of political parties and to curb the plethora of candidates should be adopted so that only serious candidates be left in the election fray. How do we use/misuse/abuse the religion in the elections need to be discussed. The Tenth Schedule of the

Constitution should remain untouched and present provision for 2/3 rd members required for defection should stay. He was not in support of the proposal of Shri Manish Tewari regarding defection. He has also stressed that whether we should look at for providing fixed tenure to the

Legislature, which will enable the Government with more time to work for the people as every now and then an election is looming in the State.

Shri Shivraj V. Patil, H.E. Governor, Haryana, has started with the views that something needs to be done to check the criminalisation of politics but due caution should also be maintained so that it could not create another set of problems. He has suggested that if a case is filed against a person and the lower court convicts him, then he should be debarred from contesting elections irrespective of the appeal pending in the higher court unless any higher court declared his acquittal from the charges. He has impressed upon the fact that the role money existed in a lot of country in spite of the regulations. He has also stressed upon the need to put some regulations in place to check the proliferation of number of political parties. Non-serious candidates be curbed. He has also supports the ‘None of the above option’ coupled with compulsory voting. He has further narrated the genesis of Anti-defection laws and suggested the model adopted by the Bhutan may be taken into consideration before making any amendment.

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Mr. R.S. Mittal, Sr. Advocate suggested that violation of provisions of sub-sections (1) and (2) of section 77 of the R.P. Act, 1951 be made penal and it must attract disqualification under section 126 of the Representation of the People Act, 1951.

Shri Balram Gupta suggested as follows:-

1. Electors must have a permanent I.D. Numbers and wherever he will go he will carry the same number.

2. Ballot paper should be with photographs of candidates.

3. Parties should take care of choosing candidates and pre-poll alliance be made at regional level so as to cut down the number of political parties at the electoral arena.

Shri R.S. Chaudhary suggested as follows:-

1. If any deliberate deletion is done then the concerned ERO be held responsible and be punished.

2. Common electoral roll be adopted to avoid duplicity of work.

3. Do not support the outsourcing of work of electoral roll preparation.

4. Security deposit should be the same for all the candidates.

5. Against the debarring of Independent candidates from contesting.

6. Explained the situation where an elected candidate lost the security deposit. Suggested that barring the elected candidate the security deposits of all other candidates should be forfeited. And if all the candidates get votes lower than the present norm of 1/6 th of the total

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votes polled then a fresh election should be called.

7. Security deposit be revised periodically.

8. The Government sponsored advertisement be banned prior to six month of elections.

9. Not in support of putting any restriction on number of contesting candidates.

10.Opinion polls should also be banned.

11.Not in favour of the proposal that the transfer of any officer prior to and after six month from election be guided over by the Election

Commission.

Shri Om Praksh Baksh, Nationalist Congress Party suggestedas follows:-.

1. Local persons like retired officer, etc., be engaged in electoral registration work.

2. No tent be allowed out-side the polling booth.

3. People in large number should not be allowed to enter the polling booth.

4. Creditability of candidates should be verified like whether they have worked with some organisations etc. before going to contest elections.

Mr. Satpal Jain suggested as follows:-

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1. Person facing offences on moral turpitude be banned from contesting elections.

2. A certificate from a competent court be made mandatory for contesting any election.

3. Expenses on paid news be included in the expenditure of the candidates and it should be scrutinized minutely.

4. As regards the anti-defection law power should be given to the President and the Governor.

Dr. Rupam suggested that a political party should have a model code of conduct to debar criminals from contesting elections.

-Special election courts be set up top decide the election petitions.

Shri S.S. Virk , advocates for Presidential form of the Government and simultaneous elections to all the bodies.

One suggestion came from the audience that the Political Parties be brought under Right to information Act, 2005.

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Gist of Suggestion - Ministry of Law and Justice

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