[Marxistindia] Letter to ECI on Changes in Electoral Procedures

[news from the cpi(m)]

June 29, 2020

Press Release

Changes in Electoral Procedures
As Usual, ECI Must Consult Political Parties

CPI(M) General Secretary, Sitaram Yechury, has addressed a letter to  
the Chief Election Commissioner, Shri Sunil Arora, objecting to the  
unilateral measures being taken by the Election Commission, altering  
electoral procedures, without consulting political parties.

The full text of the letter is being released herewith.


For CPI(M) Central Committee Office

********

June 29, 2020

Dear Shri Aroraji,


We are greatly disturbed by the media reports that the Election  
Commission of India (ECI) bypassing the established practice of  
consulting political parties, is unilaterally initiating measures to  
provide voters aged over sixty four years, the use of postal ballots.

We are given to understand that in response to the request from the  
ECI, the Law Ministry had earlier amended the Conduct of the Election  
Rules to allow people with disabilities and those who are 80 years of  
age or above to opt for postal ballot during the general elections to  
Parliament and State Assemblies. Subsequently the ECI had approached  
the Government to further amend the rule in the light of the Covid 19  
pandemic. It is further reported that on June 19, the Law Ministry has  
notified fresh change to allow those aged 65 years and above the  
option of postal ballots. The amended rules also allow “Covid-19  
suspect or affected persons” same option of postal ballots.

In the past, the ECI, despite the wide ranging and comprehensive  
powers under Article 324 for ‘control and superintendence’ of  
elections mandated by the Constitution, has always insisted that they  
will not exercise this power unilaterally. This had created an  
extremely healthy precedent of recognising the political parties,  
representing the people, as principal stake holders. They have been  
invariably involved in forging a consensus while ushering in changes  
in the procedures for the conduct of elections. It will be pertinent  
to recall that the Model Code of Conduct (MCC), a major electoral  
reform, was arrived at through the consensus of the entire spectrum of  
political parties. Even though this is not backed by statutory  
empowerment, it has never been questioned. This practice has  
reinforced transparency in the system earning widespread appreciation.

Contrary to past practice, the current changes in the Rules, both in  
October, 2019 and that on June 19, 2020 have not been preceded by any  
consultation with the political parties whatsoever. From the media  
reports we are constrained to infer that the tearing hurry that the  
ECI displays is on account of the impending Bihar Assembly elections  
scheduled to be held in November, 2020.

Our electoral system has always treated physical verifiability of the  
voters as the bedrock of integrity. With the two amendments to the  
Rules, a very large number of voters will be out of the verifiability  
matrix. This assumes great significance because of instances of  
manipulation and malpractice even with the comparatively low number of  
postal ballots used by service personnel on election duty.

A consensus among political parties and ECI is necessary for  
introducing new voting practices which will adversely effect the  
verifiability of a large number of voters, thus, transparency and  
integrity of the process; not to mention, the leverage available to  
the incumbent administration in organising the postal ballots.

With the unresolved question of opaque electoral bonds on poll  
funding, which remains pending before the Supreme Court, where the ECI  
has itself agreed with us that this poses a major challenge in  
monitoring and supervising income/expenditure, this new use of postal  
ballots will further aggravate the situation in potential favour of  
the ruling party.

Therefore, we would like to unequivocally state that the ECI should  
not unilaterally proceed further in implementing these changes without  
proper and transparent consultation with the political parties  
upholding the best traditions of the institution in ensuring a level  
playing field, which has remained a foundational principle for conduct  
of free and fair polls.

I am looking forward to a positive consideration and response by the ECI.




Yours sincerely,
Sd/
(Sitaram Yechury)
General Secretary

Shri Sunil Arora,
Chief Election Commissioner,
Election Commission of India