The role of the legal system is always on test in India - By: Balbir Singh Sooch-Sikh Vichar Manch

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Learned VK Singh, the Chief Election Officer (CEO), Punjab, in Chandigarh on Saturday.

Email Address ceo_punjab@eci.gov.in

Shri V.K Singh, I.A.S

The Chief Electoral Officer of Punjab

SCO 29-30, Sector 17E, Chandigarh – 160017



Tribune photo: Manoj Mahajan


Election Laws and Corrupt Practice in India:


1. In a Democratic society or country like India where the people of the country are considered as sovereign, which in practical terms is otherwise.



2. Hence it is important to conduct free and fair election so that the people may feel sovereign in the true sense.


3. In a constitutional democracy elections provide an opportunity to ascertain the popular will regard the governance of the country. Election is the act of choosing an individual usually for holding public office through free will of the people in a representative democracy. Mr. Akhil Kumar, Assistant Professor, Department of Law, University of Rajasthan, Jaipur said.



4. According to Webster‘s Dictionary, election connotes the act of choosing a person to fill an office or position by vote. According to Black‘s Law Dictionary:


Election means the process of selecting a person to occupy a position or office usually public office. In ensuring free and fair elections the role of the legal system is substantial.



5. In a Democratic society or country like India where the people of the country are considered as sovereign, which in practical terms is otherwise. Hence it is important to conduct free and fair election so that the people may feel sovereign in the true sense.



(Courtesy by International Journal of Multidisciplinary Approach and Studies)



Elections in India: What are the corrupt practices in elections in India?



Won’t go easy on poll violations: Learned VK Singh, the Chief Election Officer (CEO), Punjab said.


What are the corrupt practices in elections in India?

The poll violations pointed out by Learned VK Singh, the Chief Election Officer (CEO), Punjab ‘’
“Learned VK Singh, the Chief Election Officer (CEO), Punjab while commenting on the deployment of security forces, he said it was a matter of great concern that now paramilitary forces had to be deployed to conduct elections in states like Punjab.

“There were days when just Home Guard jawans were put on duty to get elections conducted,” he said
He gave instances of countries where not even a single security official is deployed for polling.

The Chief Election Officer (CEO), Punjab will act tough to check corrupt practices such as the use of money or muscle power in the upcoming state Assembly elections as announced now.

The Commission has planned to empower the civil society to catch candidates and their supporters using money, drugs, liquor etc to bribe voters.

The Chief Election Officer (CEO), Punjab, Learned VK Singh said a dedicated website and applications would be put in place through which the common man could upload videos of candidates or their supporters distributing money, liquor and other material to lure voters.

On the basis of these videos, the Commission would alert its flying squads and observers, who would immediately rush to the spot and take appropriate action.

Learned VK Singh said the Commission could countermand the election in any constituency where it gets hard evidence that money or muscle power was used to bribe or browbeat voters. Giving examples, he said if such tough measures could be taken in Bihar and Tamil Nadu, these could be taken in Punjab too.

He said the Commission could not do much in case of the violation of the model code of conduct because it had no legal backing. It could only warn the party or candidate concerned, he said. No penalty could be imposed for the violation.

He said he had sought record of all officials, who will be put on duty to conduct the elections.
He said he would ask the Commission to not allow camps of political parties outside the institutions where polling booths would be set up.” Courtesy by: The Tribune, VOICE OF THE PEOPLE, CHANDIGARH.

‘CONCEPT OF FREE AND FAIR ELECTION’
“This concept includes even preliminary stages to election such as delimitation of constituencies, preparation, revision or amendment of electoral rolls and many others.
Mainly, concept of free and fair election relates to political liberty and equality.

Free and Fair‘ in matters of election connotes that no one, under the electoral process, is in bondage of another, having his personal rights, social and political liberty, free thinking and choice subjected to a legal discipline. While exercising his right to vote one is not under undue influence of party discipline, religion, caste, creed, sex, language and also one is not under the strain of corrupt practices and so on. Thus, free and fair elections are the foundations of democratic form of government. To ensure the purity in elections the following essential conditions must be fulfilled:

(i) There should be a set of election laws which must cover the entire process of elections with the primary object to create and maintain that sort of atmosphere in which the electorate can choose their representatives by the exercise of their free will without any pressure or hidrance or undue influence from any quarter.

(ii) The election law must contain equal and justful demarcation of constituencies, principle of one man one vote and the secrecy of voting, a just procedure for casting votes and for counting and declaration of election results.

(iii) The conduct of elections must be assigned to an independent authority who can function impartially and who is free from external pressures from the party in power or executive of the day. There should not be any encroachment by government or other agency in exercise of his powers and duties assigned to him under law. The conduct of election should be left unhindered in the hands of the election machinery.

(iv) As a necessary requisite, there must be co-operation between the wings of government and citizenry, each of them discharging the duties assigned to them by law. Any civil authority or government official must not exercise a power unless exercise of it is authorised by some specific rule of law and the people should obey the law.

(v) The supervision of disputed elections should be assigned to some judicial authority who can determine the question whether there has been a valid election on the basis of facts and election law which should contain the requisite qualifications for candidates, the method of voting, definition of corrupt practices by candidates and their election agents, etc. and other cognate matters. The election disputes must be resolved expediously in conformity of the procedure laid down by law. Thus, the cumulative effect of above all factors needs proper observance, implement and enforcement of all constitutional and other laws relating to elections.

(vi) In short, to conduct election in conformity of law is to maintain the purity of it and non-conformity of such laws would result in impure elections.”

(Courtesy by International Journal of Multidisciplinary Approach and Studies)

SENDER:
Balbir Singh Sooch-Sikh Vichar Manch

Posted on Sep 19, 16 | 3:43 am