Lok Satta Party files an Election Petition with ECI. Please assist us in mobilising public openion to achieve national objective for enhancing the integrity of the electoral process in India..!!
Surendra Srivastava
July 23, 2012
The Election Commission of India (ECI)
Nirvachan Bhavan
Ashoka Road
New Delhi – 110 011.
Attn: Hon. Chief Election Commissioner and Hon. Election Commissioner (s)
Representation and Petition
Sub: Enhancing the integrity of the electoral process in India – scope for corrective measures.
Esteemed CEC and Election Commissioner(s),
We wish to bring to your notice that I had contested the MLC election for the Legislative Council of Maharashtra from the Mumbai Graduates constituency held on Monday, 2nd July, 2012, on behalf of Lok Satta Party. The following issues need your kind attention and decision that would have a bearing not only for future elections to the Legislative Council but as well for the general elections to the national and state legislatures.
A- Voter Rolls
There is no dispute and disagreement from any quarter that the foundation of democratic and fair elections is, correct and complete voter rolls. Time and again steps to provide correct and complete voter rolls on real time basis have been taken up by the ECI with measurable and significant improvements. However, there is still much room for improvement we trust the ECI to provide leadership in this matter.
In the instant case, in the graduates’ constituency for Legislative Council election in Mumbai, there are hundreds of thousands of university graduates (estimated 15 lakhs). However, only a small fraction of them, 90,291(i.e. only 6%), are registered as voters for Legislative Council election. Out of these 90,291 registered voters, (as per the information provided in the CD-ROM obtained from ECI); we have found the addresses of 38,000 (42%) voters to be incomplete.
Additionally, so far till date another 3478 (7%) envelopes that were dispatched by post through post offices have come back due to wrong
addresses. Thus, in effect over 41478 (46 %) registered graduate voters could not be made aware of elections and about the electoral candidates and importance of voting.
We can also easily presume that in all probability 5 to 10% additional envelopes did not reach the voters due to wrong addresses but we do not have any proof as those envelopes have not been returned to us and may have got lost in the postal department system.
For your guidance, we had printed 90,291 envelope stickers and 38,000 stickers (with addresses from the voters’ list that however turned out to be incomplete or incorrect) all of which are retained by us safely along with 3478 envelopes that were returned by the post office, so that the Election Commission could verify the facts.
Deficiencies in the present Voter Registration Process – Scope for Improvements
The staff designated or assigned the work of voter registration belongs to state government agencies with many duties of which only one is voter registration. In these agencies, postings in election branch are considered as ‘side’ postings and are demotivating to the staff. The task is tedious and there is shortage of staff and supporting infrastructure. The lack of appropriate training, right orientation and lack of continuity of the staff in the job of voter registration for a reasonable period of time are problems plaguing voter registration. The Election Commission deserves our appreciation for conducting regular and by-and-large free elections. But this system of voter registration through collectors or municipal commissioners has not yielded full and desired outcomes, thus casting a shadow on the fairness of election process.
It took us an effort first to find out the local voter registration office (Shivadi – 183 Assembly Constituency in Mumbai) and then to locate it. We had to make eight trips to local voter registration office to finally get registered as Graduate Voter. Twice due to lack of information and knowledge, the officer there sent us to Collector’s office. Most of the times the officer concerned was on other outdoor duty.
Similar was our experience few years back, when our daughter became 18. Despite submitting Form 6, her name did not appear and we had to resubmit the form after a year and half of wait. It did still not appeared making us to resubmit form after a year.
The ECI website is not helping matters: it is very slow and unfriendly to users; often the URLs (i.e. the webpage’s) not download and operate correctly and in time. Clearly, even motivated citizens are not able to register themselves as voters.
Forms 18 in “sufficient” numbers were not available at any of the offices responsible for the job and we had to print about 30000 forms for distribution. We can produce the printers bills if you so desire. The ECI website does not support download in user friendly manner. The net result of failure of voter registration process is predictable.
Out of the estimated 15 lakh Graduates in Mumbai, only 90291are registered. Of these, about 65000 voters were registered prior to 2007. Finally, only 16000 voted.
Therefore we urge you to create an efficient, accessible and citizen-friendly voter registration process for the Legislative Council elections in graduates’ constituencies. The “POST OFFICES” shall be made nodal agency for voter registration and voter roll maintenance. A detailed note on its feasibility is enclosed.
B- Intimidation of voters by tradition political parties while distributing voter’s slips with voter’s polling booth details in the last 48 hrs before elections. A sample copy attached.
We witnessed many instances of voter intimidation or inducement in these elections. Giving information to each voter about their polling booth etc is the primary responsibility of ECI for conducting fair elections. Leaving this task to candidates has created an opportunity for traditional political parties to intimidate the voters just prior to Election Day. The cession of campaign two days prior to the election has been conceived to ensure that voters can peacefully think about the right choices available to them. This intended purpose gets defeated completely if political parties with their muscle men are allowed to get in touch with voters during this period.
Secondly, most of the costs (to keep election expenses with in prescribed limit) on these slips are incurred in black money for printing and hiring local labour for distribution of ‘voter slips’ from house to house. This only increases the demand for black money, and promotes corruption.
ECI has created sufficient number of staff including Booth Level Officer (BLO). It is suggested that these BLOs should perform this activity as part of the election process. The direct link in last 48 hrs (prior to the close of
polls) between ECI and voters and avoiding any contact with parties and candidates will give confidence to the voters and eliminate scope for last minute intimidation or inducement, and need for large, unaccounted expenditure in cash i.e. black money.
In case a post office becomes nodal agency for voter registration, this job of distribution of voter’s slips can be more easily handled by them.
Therefore we strongly urge you to ban distribution of voters slip by political parties in last 48 hrs, and entrust this task to the public officials under ECI’s supervision.
C- Intimidation of voters by tradition political parties on the Election Day. A sample photograph is attached.
We witnessed many such instances of voter intimidation by traditional political parties in these elections. There were huge pandals/booths erected by the traditional political parties about 200 meters away from the polling stations in the name of helping voters. There was like competition between the parties as to whose booth is bigger, has bigger hoardings/banners and how many people are sitting and or standing in these booths.
Allowing this has created an opportunity for traditional political parties to intimidate the voters on the Election Day. The rules intend that Election Day shall be completely peaceful, free of any kind of publicity or show of strength. The purpose gets defeated completely if political parties with their muscle men are allowed to show their strength on polling day in the vicinity of polling booths or on streets.
Secondly, vast amounts are spent for erecting pandals/booths and hiring local labor/muscle men to man these booths. This increases the demand for black money and thus incentivizes corruption. By banning this not only last minute intimidation can be avoided, the multiple cost for this competitive activity incurred by every traditional political party in black money can be saved making elections more economical & ethical. Sir...A further step forward….
ECI through the collectorate has sufficient number of staff inside the polling station who help the voters in every way and therefore erecting
these pandals and operating them on the election day should be banned completely in order to avoid any connect between political parties and voters on the day of election. This will give confidence to the voters and establish faith in the system.
Therefore we strongly urge you to completely ban erecting of pandals and operating them by political parties on the Election Day.
These issues are all within the jurisdiction and competence of the ECI. The Commission’s actions in addressing them effectively will enhance people’s faith in our democracy and elections and their outcomes.
If you give us an opportunity to present our views personally, we will visit the Commission at any time a week’s notice. The EC officials can also verify the facts stated by us – stickers, returned envelopes or voter slips etc - at short notice.
We urge you to take effective corrective action at the earliest in respect of these issues. While the specific context of this representation is the Legislative Council election, all three issues – voter registration, particularly in urban areas; distribution of voter slips; and erection of pandals by parties and candidates on polling day – pertain to general elections to state Vidhan Sabha’s and Lok Sabha as well. Therefore speedy and effective directions and guidelines from the Election Commission in respect of all these issues, applicable to all elections, will go a long way in enhancing the integrity of the electoral process.
Thanking you,
Yours truly,
S/D..
Surendra Srivastava
National General Secretary and Maharashtra State President
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Surendra Srivastava
Volunteer - Lok Satta Aandolan
Tel: +91 22 2377 2279 Email: sure...@loksatta.org.in ,
The Answer to "Bad Politics" is "Good Politics" Not "No Politics" - Dr. JP, Lok Satta Aandolan
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