APPENDIX-XV

(Vide Para 12.4)

 

A. VIEWS OF THE ELECTION COMMISSION ON THE SET OF PROPOSALS ON ELECTORAL REFORMS IDENTIFIED BY THE GOVERNMENT FOR DISCUSSIONS WITH POLITICAL PARTIES

 

(i)                  The Election Commission is not in favour of reducing the age qualification for membership of Parliament and State Legislature.

(ii)                The Election Commission favours existing restriction limiting the contest by a candidate to two constituencies of the same class and does not favour restricting it further to only one constituency.

(iii)               The Election commission is not in favour of restoring section 8A of the Representation of the People Act, 1951 to its pre-1975 position.  It, however, favours that it be authorized to submit the cases of disqualification under that section to the President, along with its advice.

(iv)              The Election Commission favours enhancement of required minimum number of valid votes polled to save security deposit from 'one-sixth' to 'one-fourth'.

(v)                The Election Commission favours compulsory maintenance of accounts by political parties and audit thereof by agencies specified by it.

(vi)              The Election Commission is not in favour of complete ban on donation by companies to political parties.  It is, however, in favour of limiting such contributions to a reasonable level and in transparent transactions in this regard.

(vii)             The Election Commission has suggested that it may be authorized to issue necessary orders regulating registration and deregistration of political parties.

(viii)           The Election Commission is not in favour of regulating reservation and allotment of election symbols by a Law of Parliament.

(ix)              The Election Commission favours rotation of seats reserved for Scheduled Caste and Scheduled Tribe candidates.  It has also suggested that work of delimitation of the constituencies be assigned to it.

(x)                The Election Commission favours the proposal that the expenditure incurred by a political party be included in the election expenses of a candidate for purposes of ceiling on election expenses.

(xi)              The Election Commission favours empowering it to fix ceiling on election expenses before every general election.

(xii)             The Election Commission is in favour of starting a national debate on change in present electoral system as to have a broad national consensus on this issue.

(xiii)           The Election Commission does not favour the proposal for making voting compulsory.

(xiv)           The Election Commission does not favour giving statutory backing to the provisions of Model Code of Conduct.

(xv)            The Commission favours the cases of disqualification under Tenth Schedule to the Constitution to be dealt in the like manner as other post-election disqualification cases on grounds mentioned in articles 102(1) and 191(1) of the Constitution are dealt.

(xvi)           The Election Commission favours being empowered to countermand an election even otherwise than on a report from the Returning Officer/Observer.

(xvii)         The Election Commission favours the proposal to empower it to issue instructions to any officer in connection with conduct of elections and to make certain recommendations for referring any mater of investigation to any agency.  It further, favours making such recommendations binding.

(xviii)        The Election Commission is in favour of a fixed composition of Election Commission consisting of Chief Election Commissioner and two Election

Commissioners.  It also favours that the method of appointment and the constitutional protection after appointment should be the same for the Chief Election Commissioner and other Election Commissioners.

(xix)           The Election Commission favours an independent Secretariat for it.

(xx)            The Election Commission is not in favour of the Chief electoral Officer being    exclusively for election work.

 

B. The other proposals made by the Election Commission.

 

1.                  Strengthening of section 8 of the Representation of the People Act, 1951 by providing that any person convicted of any offence and sentenced to imprisonment for six months or more should be debarred from contesting elections for a period totaling the sentence imposed plus an additional six years.  It has further suggested that any person accused of any offence punishable with imprisonment for five years or more should be disqualified after the competent court has framed charges against him.

 

2.                  The Election Commission should be empowered to frame disciplinary rules in respect of persons deployed on election duty.

 

3.                  Statutory ban on transfer of election officers on the eve of election.

 

4.                  Proxy voting for service voters.

 

5.                  Appointment of an Appellate Authority in districts against orders of Electoral Registration Officers.

 

6.                  Making consultation with Election Officers compulsory for police arrangements during elections.

 

7.                  Making of false declaration in connection with elections to be an offence.

 

8.                  Rule making authority to be vested in Election Commission.

 

 

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