Last week, the apex court had asked the Commission on a PIL the reason why it failed to act tough against people who openly flouted law by seeking votes in the name of religion, caste, community or language.
Close on the heels of the Election Commission, realizing it has power to ban speeches of political leaders and candidates who solicit votes in the name of religion, caste and community, a petition has been filed in Supreme Court to allow the poll panel to even disqualify or reject nomination of candidates who indulge in such acts.
Last week, the apex court had asked the Commission on a PIL the reason why it failed to act tough against people who openly flouted law by seeking votes in the name of religion, caste, community or language. Under Section 123(3) of the Representation of Peoples Act, seeking votes in the name of religion, race, caste, community or language amounts to a corrupt practice.
The Commission told the Court that it does not have the power to disqualify or reject nomination of candidates who engage in such speeches. At best, it can order registration of a criminal case against the candidate or political party functionary or as seen in the recent instance, bar such persons from making any speeches for a limited time period. The Commission stated that disqualification under Section 123(3) can be ordered only by a Court on an election petition where a successful candidate's election can be set aside for indulging in a "corrupt practice".
Pointing out the lacuna in the existing system, the petition filed by advocate Ashwini Kumar Upadhyay stated that the effect of law cannot be nullified by the result in the election. He stated that under the present regime, corrupt practice will be held only against the winning candidate. He demanded the Court to ensure that the Election Commission is given such interim power by which it could order investigating agencies to lodge a complaint against any electoral candidate who violates Section 123(3) of RP Act.
In addition, he demanded the Court to interpret Article 324 to mean that the Election Commission, in suitable cases, be granted the power to disqualify any candidate, reject his/her nomination, or even de-register political parties who pit the card of religion, race, caste, community or language to garner votes.
According to Upadhyay, the lack of power with EC to enforce Section 123(3) of the RP Act was recognized by the Dinesh Goswami Committee on Electoral Reforms which gave its findings in 1990. One of its major recommendations was to clothe EC with the power to refer electoral offences to the concerned investigation agency for speedy recovery and prosecution. Echoing the demands of the Goswami Committee, the petitioner said this was essential as once elections get over, the directions given by the EC are seldom followed up by the concerned agencies.
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