The Tribune, Chandigarh, India

Saturday, August 17, 2002, Chandigarh, India

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EC no to early poll in Gujarat
Tribune News Service

New Delhi, August 16
Speculation over the timing of the Assembly poll in Gujarat was put to rest today with the Election Commission making it clear that it would consider framing a suitable schedule only in November or December.

“After a careful examination and analysis of the situation obtaining presently in the state of Gujarat, the full commission has unanimously come to the considered view that it is presently not in a position to conduct a free and fair election in the state,” the three-member Election Commission bench comprising Chief Election Commissioner J. M. Lyngdoh and Election Commissioners T. S. Krishnamurthy and B. B. Tandon, in an unprecedented 40-page order said.

Categorically stating that the law and order situation was not conducive for conducting poll in Gujarat, the commission stressed that “a situation has thus to be created which would be conducive to holding of free, fair and peaceful polling in the state.”

“The electoral rolls in the state have become substantially defective in view of the large-scale displacement of electors in the wake of the communal riots and violence in the months of February, March, April 2002, etc and their failure to return to their places of ordinary residence where they have been registered as electors,” it said.

Further, the commission pointed out that “Also, the law and order situation cannot be said to have become normal as fear in the minds of large sections of the electorate, particularly of the minority community, is still a palpable reality and the riot-victims would be extremely wary of going to the polling stations to cast their votes fearing risk to their life and property.”

“Many others would obviously be physically prevented from going to the polling stations,” it said in its direction, in which 34-pages were devoted to giving the background on the situation prevailing in the state.

Justifying its move to defer its decision on the exact timing of the poll the commission said: “We do sincerely hope that having regard to the above principles that the period between now and the announcement of the elections will be best used to create such conditions so as to preserve the multiethnic, multireligious and multilingual nature of the polity in the larger interest of democracy and humanity and not used for promoting political acrimony.”

In order to make the electoral rolls as accurate and up-to-date as possible, the commission also directed a “special revision” of electoral rolls be undertaken in all 20 districts which had been identified by the state government as riot-affected areas. “For this special revision, the existing electoral rolls which have been finally published on May 15, 2002, will be published as draft electoral rolls on August 28, 2002, for inviting claims and objections,” it said, adding that for the purpose of inviting claims and objections, a period of three weeks, up to September 18, 2002, shall be given.

Simultaneously, a house-to-house survey by official enumerators shall be undertaken in all the major cities and towns of the 20 affected districts. Similar exercise of house-to-house verification shall also be undertaken from August 28, 2002, to September 18, 2002, in all villages of those districts which were affected by the riots. “After the remedial action taken and the disposal of claims and objections received, the electoral rolls will be finalised and final rolls shall be published on October 15, 2002”.

Stating that during the course of verification of electors it was likely that such registered electors who had moved out of the state might not be found anywhere in the state, the commission directed that wide publicity be given to the commission’s directions for the special revision of the electoral rolls, not only in Gujarat but other states like Maharashtra, Madhya Pradesh, Rajasthan, Uttar Pradesh and Bihar, where these electors were stated to have migrated temporarily.

EC overrules BJP argument
Tribune News Service

New Delhi, August 16
The Election Commission (EC) today demolished the BJP’s argument that it was mandatory for the commission to hold the Assembly polls in Gujarat within six months from the last day of the sitting of the last Assembly as per the provision of Article 174(1) of the Constitution.

Article 174(1) of the Constitution envisages that, normally, the Legislative Assembly of a state should meet every six months even after the dissolution of one House.

The three-member EC panel in its detailed direction had made it clear that the EC under Article 324 of the Constitution was to hold free and fair elections to the legislative bodies.

“In the commission’s considered view, if a free and fair election cannot be held to a legislative body at a given point of time because of the extraordinary circumstances then prevailing, Article 174 of the Constitution must yield to Article 324 in the interest of genuine democracy and purity of elections,” it said.