Gill writes to PM on control over election officials

By Our Special Correspondent

NEW DELHI, JUNE 2. Anguished over the legal tussle regarding the control over officials involved in the poll process, the Chief Election Commissioner (CEC), Dr. M.S. Gill, has sought the Prime Minister's intervention to remove hurdles in the implementation of the law empowering the Commission to exercise jurisdiction over the officials.

In a letter to the Prime Minister, Mr. A.B. Vajpayee, the CEC pointed out that Parliament had added Sections 13 CC and 28 A to the Representation of the People Act (RPA), 1950 and 1951 by an amendment in 1989. ``These sections made it emphatically clear that from the date of notification to the results of elections, the Commission will supervise, control and discipline, all those involved in the elections,'' Dr. Gill said in his letter dated May 29, his third to the Prime Minister in as many years on the same subject.

He said the Commission had conducted an all-party meeting on April 29 to discuss electoral reforms and the issue was debated at length. ``There was near-unanimous agreement among all parties that the Commission must be allowed to exercise this authority as laid down in the law.''

The CEC said the Attorney-General, Mr. Soli Sorabjee, had met him recently and expressed support. Urging Mr. Vajpayee to lend support to the 1989 legal amendment, Dr. Gill said in the Commission's view ``a legal fight in the Supreme Court between the Government and the Election Commission is not the most appropriate method of carrying forward the Constitution''.

The matter was referred to the Supreme Court by his predecessor, Mr. T.N. Seshan, in 1993 but the issue has remained unresolved between the two highest Constitutional organs.

``The Government told the Supreme Court last year that it wanted to discuss the issue with the Commission but nobody has bothered to talk to us. If the Government itself is blocking the implementation of the law, the entire thing becomes a bit of a joke. After all, both of us are batting for the same team. The Commission firmly believes that total neutrality of the police and civil officials on poll duties is essential,'' the CEC said.

In his earlier letters to Mr. Vajpayee on March 31, 1998 and to the former Prime Minister, Mr. I.K. Gujral, on February 19, 1998, Dr. Gill had referred to Section 13 CC and 28 A of the RPA and pointed out that the two statutory provisions, apart from the overall Constitutional scheme in Article 324, expressly conferred on the Commission ``disciplinary control over all officers and staff performing election duties.''

He said the Central Government took the stand in 1993 that the Commission could only recommend disciplinary action against erring poll officials but could not take action against them on its own. ``This view was taken by the Government when the Commission censured some Central Government officers for having failed to perform their election duties as observers. Taking a cue from this, some of the State Governments also took the same stand when the Commission initiated disciplinary action against some of their officers for lapses committed by them.''

``The Commission was, and is still, of the considered view that the stand taken by the Central and State Governments was not in conformity with the law, enacted by Parliament, which, in its collective wisdom, vested the disciplinary control over all election officers in the Election Commission.''

Dr. Gill said the Commission would exercise such disciplinary control and authority over the officials only during the limited period, between the announcement of elections and the declaration of results.

``The Commission must have the power to take action against those who commit any irregularity during this limited period, if absolute impartiality and uprightness on the part of the election machinery is to be expected, which is the crying need of the hour.'' He said that in consultation with the Centre, a procedure could be laid down for such disciplinary proceedings and for appeals.

Dr. Gill said he had also met the Union Home Minister, Mr. L.K. Advani, and the Law Minister, Mr. Ram Jethmalani, who had agreed with the Commission's view. ``The issue of disciplinary control over poll officials is all the more crucial as Assembly polls in West Bengal, Tamil Nadu, Assam and Kerala are due next year.''

Send this article to Friends by E-Mail

Section  : National
Next     : IT Dept. auditing tax returns of cricketers