ELECTORAL PROCESS AND DISRUPTIONS

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TAG: GS 2: POLITY

THE CONTEXT: The Election Commission of India (EC), under Sections 58(2) and 58A(2) of the Representation of People Act, 1951 (RPA), declared void the poll on April 19, in 11 polling stations of Manipur, and 8 polling stations of Arunachal Pradesh. Repolls were conducted on April 22 and April 24 respectively.

Elections were also adjourned in Madhya Pradesh’s Betul Lok Sabha constituency due to the death of a candidate on April 9. The polling, originally scheduled on April 26, will now be held on May 7.

EXPLANATION:

• The electoral process forms the cornerstone of democracy, ensuring that the voice of the people is heard through the ballot box.
• However, disruptions to this process can occur due to various factors, including intentional interference, natural disasters, or unforeseen events such as the death of a candidate.
• In such situations, it becomes imperative to understand the mechanisms in place to maintain the integrity and fairness of elections.
• We will look into the provisions outlined in the Indian electoral framework, particularly focusing on the role of the Election Commission of India (EC) in addressing disruptions to the normal polling process.

Disruptions and Provisions: An Overview

• Disruptions to the normal polling process can encompass a wide range of scenarios, from intentional destruction of Electronic Voting Machines (EVMs) to natural disasters impeding the voting process.
• Understanding these disruptions and the corresponding provisions within the electoral framework is crucial for upholding the democratic principles of fairness and transparency.

Intentional Destruction of EVMs

• Under Section 58 of the RPA (‘Fresh poll in the case of destruction, etc., of ballot boxes’), the EC can declare the poll at a polling station to be void if:
  1. an unauthorised person has unlawfully taken away any EVM;
  2. any EVM has been accidentally or intentionally destroyed, or lost, or damaged, or tampered with; or
  3. a mechanical failure develops in any EVM during the recording of votes.
• In such cases, the Returning Officer (RO) immediately informs the EC and the Chief Electoral Officer of the state about the relevant facts and material circumstances, after considering which, the EC can declare the poll void and formally fix the date and time for a new poll.
• This provision aims to safeguard the sanctity of the electoral process and ensure that every vote counts.

Booth Capturing

• Booth-capturing, defined in Section135A of the RPA, includes all or any of the following activities by any person or persons:
  1. seizure of a polling station, affecting the conduct of elections;
  2. taking possession of a polling station, allowing only his or their supporters to vote;
  3. intimidating or threatening any elector and preventing him from going to the polling station;
  4. seizure of a counting place affecting the counting of votes;
  5. involvement of any person in government service in any of the above activities.
• Booth capturing is punishable for a term of not less than one year, which may extend to three years for lay people, and not less than three years, extending to five years for government servants.
• Under Section 58A (‘Adjournment of poll or countermanding of election on the ground of booth capturing’) in case booth capturing has taken place at a polling Station, the Presiding Officer of a polling station immediately closes the Control Unit of EVM and detaches the Ballot Unit(s) from the Control Unit under Rule 49X of the Conduct of Election Rules, 1961.

Natural Disasters and Other Disruptions

• The Presiding Officer of a polling station can adjourn the poll at a polling station under section 57(1) of the Representation of the People Act, 1951, in case of:
  • a natural calamity like a flood, a severe storm;
  • non-receipt or loss or damage to essential polling materials like EVM, electoral roll etc;
  • interruption or obstruction due to any riot or, open violence;
  • non-arrival of the polling party due to obstruction or any other serious difficulty; or
  • non-commencement of the poll within two hours from the scheduled time due to malfunctioning of EVM, or any other reason.
• After seeking the EC’s approval on the date and hours, the adjourned poll will recommence from the stage at which it was left immediately before the adjournment.
• Contesting candidates or their agents are informed, and only electors who have not already voted before the poll was adjourned are permitted to vote.

Death of a Candidate

• The unfortunate event of a candidate’s death necessitates specific protocols outlined in Section 52 of the RPA.
• The EC mandates the adjournment of polls in the case of a recognized political party’s candidate, followed by a nomination process for a replacement candidate.
• This provision ensures electoral continuity and upholds the democratic right to representation.

Election Commission of India

• The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India.
• It was established in accordance with the Constitution on 25th January 1950 (celebrated as national voters’ day). The secretariat of the commission is in New Delhi.
• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
• It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.

Constitutional Provisions:

• Part XV (Article 324-329) of the Indian Constitution: It deals with elections and establishes a commission for these matters.
• Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
• Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex.
• Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage.
• Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
• Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
• Article 329: Bar to interference by courts in electoral matters.

SOURCE: https://indianexpress.com/article/explained/repolls-election-commission-polling-process-9294027/