navin jindal share law ministry document suggestions received
TRANSCRIPT
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
1/117
GIST OF SUGGESTIONS RECEIVED ON ELECTORAL REFORMS
***
Sl.No
Name & Address ofPerson
Name of theOrgn./Pol.Par
ty/GeneralPublic
Gist of Suggestion Broad categoryof Complaint
Remarks, if any
1. Shri Naveen Jindal,M.P. (Lok Sabha)
(i) Due to variety of reasons certain people whoare for the sake of travel, illness, disability, andpersonal difficulties including education,employment and otherwise, can not exercisetheir right of franchise. Therefore, he is of theview that some kind of facility like absenteevoting, postal ballot etc. may be evolved so as toinvolve these people. He has also suggested.(ii) To do away with the 'ordinary resident' clause
for registration;
(iii) Suggested to provide voting facility to NRI inthe embassy itself;
(iv) Suggested to improve access to voting ofperson belonging to SCs/STs/OBCs andminorities;
(v) Suggested to give voting rights to undertrialprisoners;
(vi) Suggested that media to be involved forimproving voter participation; and
Conduct andbettermanagement ofelections
1
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
2/117
(vi) Suggested to provide provision for negativevoting.
2. Shri Yashpal Singh,D.G.P (Retd.),A-9, Lawrence
Terrace Colony,Hazratganj,Lucknow-226 001.
(i) To prevent criminals from entering intopolitics, the one option which would be viable ifthe Supreme Court of India passes an Order
stating that any person if gets elected then allpending criminal cases should be disposed off byall the courts within a year from his/her election.
(ii) Suggested to obtain certificate no objectionfrom the court for contesting elections.
Criminalisationof politics
3. Shri KrishnappaKanvathirtha,#769, M.C.RoadExtension,
8
th
Cross,Vijayanagar,Bangalore 560 040.
Suggested that political parties should considerthe following criteria while selecting thecandidates :-
(i) He/She should not have involved or indulgedin anti-social activities, criminal cases or anti-national activities. Such people should be barredfrom contesting elections either for Panchayat,District Bodies, State Assemblies or Parliament;(i) He/she should be well-educated preferably agraduate. At least must have studied up to SSLC;(ii) He/She should have the will to serve thepublic.
(iii) He/She should declare the assets andliabilities and source of income from whichhe/she acquired the above said properties orassets - whether cash or kind.
(iv) The Political parties should only consider the
Conduct andbettermanagement ofelections
2
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
3/117
merit of the candidates based on theirqualifications, experience in public service andthe intention to enter the politics, but should notconsider-his/her capacity to spend money inelection, his caste I groups to which he/ shebelongs and also the god-fathers at the higherlevel.
(v) There should be restrictions and ban inputting up banners and cut outs of politicalleaders on each and every corner of the Road.
(vi) Door to Door canvas by groups should bebanned before election. This only leads tonumber of mal-practices and corruptions.(vii) The candidates should be given anopportunity to make an appeal to the votersthrough media and newspapers. Here also thecandidate should not criticize other rivalcandidates or political parties.
(ix) All the citizens (voters) of the country shouldcompulsorily be made to vote. If they are notable to go the booth provision must be made tosend his/her votes from their residence itself.
4. Shri B.N. Pandey,
Raghubir Nagar,BallabhgarhFaridabad-121 004.
Akhil
BhartiyaLokraj Party,
Received without enclosures. NA
5. Shri Arvind Sanghvi,Ex-Minister, Finance& Law,
(i) Suggested to put a curb on the regionalparties as they have a debilitating anddestabilising effect on government at the
Regulation ofpolitical parties
3
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
4/117
Ex-Chairman-GHB,3, Lalita Flats,18, Shrimali Society,Navarangapura,Ahmedabad 380009.
national level particularly in an era of coalitionpolitics;
(ii) Suggested that election should be a politicalparty instead of fielding individual candidatesand the ballot paper should bear the partysname and its symbol.
6. Prof (Dr.) S.C.Sharma, Principal,St. Soldier LawCollege,Jalandhar 144 011.
Put forward following proposals;-
(i) Include a chapter on election system in Indiain Xth standard curriculum of CBSE and all StateBoards.
(ii) All election laws provisions be redrafted andenacted as one statute to avoid ignorance ofsuch laws and remove repletion/contractions.
(iii) Suggested that the directions of SupremeCourt to be made a part of the Act.
(iv) Mechanism for verification/auditing of returnof expenditure and publicity of returns bycandidates in local press. Accounts of candidatesand parties should be monitored through asystem of check and cross check.
(v) Publicity and campaigning through wallwritings rallies on public property, usingloudspeakers for campaigning, cut-outs/bannersand hoardings flags be banned. Fixed number ofpublic meetings can be organised at the statecost.
Conduct andbettermanagement ofelections
4
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
5/117
(vi) Lok Sabha and Assembly election be heldtogether.
(vii) Candidates should be allowed to contestonly from one constituency.
(viii) Security deposit amount should beincreased and revised before every election.
(ix) The number of proposers to an Independentcandidate be increased to 100 for Assemblyelection and 500 for Lok Sabha. Also suggestedfor Expenditure ceiling for Council constituency.
(x) Supported the proposal made in thebackground paper regarding protection fromremovability of the Election Commissioner;Independent Sectt. for Election Commission andtheir expenditure be charged;
(xi) Election Petition against defeatedcandidates;
(xii) Ban on opinion polls and ban onadvertisement during last 48 hours. Governmentsponsored advertisement be banned before
three months;
(xiii) Totaliser for counting of votes. Name of anypolitical party should not appear on any hoardingor banners.
(xiv) There should be a ban on house-to-house
5
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
6/117
visit in last 48 hours
(xv) There should be on transfer of officers likelyto serve election 6 months before generalelections.
(xvi) Disciplinary or legal proceedings by the
government against officers having performedelection duties should not be initiated exceptwith the concurrence of the ElectionCommission.(xvii) Use of religion for electoral gain should bebanned and suggested some procedure to beadopted to band such practice.
(xviii) There should be a provision for negativevoting. In case None of the above becomesmore then the election results be nullified andnew election conducted.
(xix) Ceiling be revised from 25 lakh to 1 croreand from 10 lakh to 50 lakh. I should be raisedby the Election Commission before everyelection.
(xx) Amendment to section 125 A of the RPAct,1951 to provide more stringent punishment for
supplying wrong information in Form 26.
(xxi) Political parties putting up such candidatesup to a total of 10% or more candidates shouldbe derecognised.
(xxii) Special courts to be established to decide
6
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
7/117
cases against candidates within 6 months.Potential candidates with pending charges maytake matter to the special courts, which can bedecided if a prima facie case justifying framing ofcharges is made out.
(xxiii) All expenditure irrespective of who paid it
should be included in the expenditure of thecandidate.
1. Any person convicted of heinous crimes suchas murder, rape, smuggling, decoity, etc. shouldbe permanently debarred from contesting.
2. Section 8b be added to the RP Act providingfor electoral offences framing of charges shall bea disqualifications for 5 years or till acquittal ofthese charges, whichever, is earlier.
Criminalizationof politics.
7. Representationsreceived andforwarded by theElection Commission
7 A. Shri MarasandraMuniyappa,
State President,Bahujan SamajParty,No. 23, CockburnRoad,Near ContonmentRailway Station,
BahujanSamaj Party,
KarnatakaState Unit.
(i) All kind of exit polls, opinion poll, pre-pollanalysis must be prohibited;
(ii) to curb misuse of money, the expenditure ofthe candidates of the recognised parties must befunded by the State and authorities of theElection Commission must keep a strict vigil onthe expenses;
Conduct andbetter
management ofelections
7
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
8/117
Shivaji Nagar,Bangalore-560 051
The candidates implicated in false cases shouldnot be barred till they were convicted by court oflaw;
Anti-defection law should be amended as, that
one must be disqualified by the ElectionCommission without giving scope in the garb ofmerger and he/she must be barred fromcontesting elections for 5 years.
Criminalisationof politics
Anti-defectionlaw
8. Shri Ravi Goenka,FCA,A 58,Shanti Path,Tilak Nagar,Jaipur 302 004.
Following reforms are sought for :-1. Vetting to remove serious anomalies andconsolidation of both National as well as Statelevel voters list to one voters list.
2. Consolidation of various levels of elections, i.e.Parliament elections, State Legislature elections,Municipal elections and Panchayat elections intoONE election process held every 5 years.
3. Constitutional amendment to make voting ascitizens fundamental duty under article 51 A ofthe Constitution.
4. Amend the Representation of the People Act,1951 to enshrine Citizens ElectoralParticipation as mandatory.
Conduct andbettermanagement ofelections
9. Shri.V.P.Dhayalan,CharteredAccountant,No.5, 2nd Street,
Suggested that the Election Commission shouldcome out of conventional methods of thinkingand change the existing system of polling toincrease the polling percentage.
Conduct andbettermanagement ofelections
8
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
9/117
Avvai Nagar,Stephenson Lane,Chennai 600 039.
He had also suggested the following:-(i).Prevent bogus voting(ii). Prevent booth capturing.(iii). Prevent bad elements from election process.(iv). Make provision for compulsory voting.
10. Shri Satya Narain
Shukla,General Secretary,Lok Prahari,B -7, Niral Nagar,Lucknow 226 020.
1. Suggested that sitting members should also
be disqualified if charge sheeted for an offencementioned in section and cases involved bylegislators may be fast tracked.
2. Delete the names of prisoners from electoralrolls and also suggested that an elector who isconfined to prison for six months or more(except preventive detention) may not beconsidered as ordinarily resident to entitle him inthe electoral roll.
3. Suggested to omit section 8 (4) of theRepresentation of the People Act, 1951 and toprovide for automatic disqualification of a personfound guilty of corrupt practice.
1. Supported the recommendation of theNational Commission to Review the Working ofthe Constitution in fixing official limits oncampaign expenditure.
2. Disclosure of audit of assets and liabilities.Suggested for more stringent punishment undersection 125 A should serve the purpose toenforce proper compliance.
3. Curb the cost of campaigning.
Criminalisatio
n of politics
Conduct andbettermanagement ofelections
9
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
10/117
4. Suggested for common electoral roll forParliament/ Assembly and Panchayat/Municipalelections.
5. Punishment for rigging of elections to beenhanced and enforced rigorously.
6. In order to make proliferation of candidates, itis suggested that an independent candidatelosing security deposit thrice from the same seatconsecutively be debarred from contesting forthe same office.
7. Suggested that the post of Chief ElectoralOfficer in the State should be included in thecentral deputation service.
8. Suggested for restriction on governmentsponsored advertisements from the date ofannouncement of the election.
9. There shall be restriction on number of seatswhich one may contest.
10. There should be a provision or filing electionpetition against defeated candidates also.
11. There shall be restriction on opinion polls.
12. There shall be ban on prohibition ofcampaigning during the last 48 hours incudingdoor to door campaigning. Suggested thatsection 126 (1) (b) of the Representation of thePeople Act, 1951 be made applicable to printmedia also.
10
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
11/117
13. There shall be a ban on transfer of officers.Election Commissions recommendation beneeded or transfer of officials.
14. Implement the recommendations of ElectionCommission on false declarations.
15. Enhance punishment for electoral offences.
16. Restore the cycle of biennial elections.
17. There shall be ceiling of expenditure forelection to council constituencies also.
18. Recommendation of Goswami Committee onmisuse of religion for electoral gains beaccepted.
19. Suggested for totalisers or counting of votes.
20. Supported the proposal of ElectionCommission to rexamine the provision forTeachers and Graduates constituencies.
21. Suggested that prior consultation of ElectionCommission to be made mandatory forpremature transfer of officers having held
election related duties to avoid victimisation.
22. Supported the recommendation of theCommission to incur disqualification for failure tolodge election accounts.
23. Implement the recommendation of 2nd ARC,
11
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
12/117
the Election Commission and NationalCommission on adjudication of election disputes.It is also suggested to amend the provision sothat failure to dispose of election petition by theJudge should amount to gross violation of theprovisions of section 86 of the Representation ofthe People Act, 1951 thereby incur judicial
misconduct. .
Urged for immediate implementation of therecommendations of the Election Commissionand National Commission. It is also suggestedthat criteria for recognition as a National partyneeds to be revised upwards-presence in at least6 States and 10 % of the votes polled.
Suggested that the recommendations of theElection Commission and National Commissionand the Law Commission needs to implementedforthwith.
Opposing the State funding of elections.
It is suggested that the disqualification on theground of defection must be decided by the
president/Governor, as the case may be, on theadvice of the Election Commission.
Regulation ofpolitical parties
Funding of elections
Review of anti-defection law
11. Election Representatives of all political parties of the Conduct and
12
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
13/117
Department,Governmentof Tripura
State of Tripura unanimously requested thatinstead of regional consultations on ElectoralReforms, consultation on Electoral Reforms to beorganised in each state capitals of the country tomake it more effective and participatory.
bettermanagement ofelections
12. ShriV.V.VenkatasubramanianPrincipalCorrespondent, THEHINDU,Kancheepuram,
Tamilnadu 631 501.
(through ElectionCommission)
1. Disclosure of criminal antecedents ofcandidates.
2. Eligibility of candidates with criminal casespending against them.
3. Suggested to carry out amendment in the RPAct so that the political parties to be debarredfrom replacing or filling vacancies arising out ofresignation or death of Chief Minister of anyState or Union Ministers or Prime Minister forthat matter, by deputing an MP or MLA to UnionMinister to CM post of State or elevating CM orMLA to Union Minister/ PM post or fielding asitting MLA for the MP seat election or deputing asitting MLA from other State Assembly to adifferent State as CM.
Foolproof mechanism for routine verification andauditing of the returns filed by political parties.
1. Official limits on campaign expenditure to bebrought down.
2. Need for totaliser machine for counting ofvotes recorded in the Electronic Voting Machines
Criminalisationof politics
Audit andfinance of political parties
Conduct andbettermanagement ofelections
13
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
14/117
for the sake of empowering the voters and usherin real democratic election process.
3. Candidates including independent, who arewrongly disclosing the assets and liabilities to bebarred from contesting elections for a period offive years.
4. Prevent irregularities in election by bringingbar-coded ID card with special initiative toprocess any application in the event of a changeof address or change in Assembly constituencynecessitated in view of transfer of job or shiftingof residence to be processed and effected in themaster records within reasonable time frame.
5. Suggested to define the term IndependentCandidate in the Representation of the People
Act, 1951 due to the wide spread practiceadopted by political parties during the elections.
6. Suggested to stop the practice of givingadvertisement regarding poverty alleviation orhealth related schemes by the Government oncethe election process commences withannouncement of election schedule.
7. Suggested to amend the Act so as to provide
for filing of election petition even againstdefeated candidates on the ground of corruptpractice.
8. Suggested to enhance the punishment forelectoral offences including debarring fromcontesting to the same post.
14
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
15/117
9. Welcomed the recommendation of theNational Commission to Review the Working ofthe Constitution, with respected the rules andby-laws of the parties seeking registration arewelcome. However, negated therecommendation to recognise pre-poll alliance
stating that the same would only result in furtherpolarisation of politics.
10. Suggested that empowering or allowing theElection Commission to interfere in the activitiesof an elected government in any manner willonly tantamount to infringing on the privileges ofan elected forum.
11. Need for Negative voting or Neutral Voting.
12. It is also suggested that in case if politicalparties refuse to heed this suggestion, theyshould be made to carry out their agenda onlyafter remitting the entire expenditure to beincurred by the Commission for conducting bye-election.
Suggested that State Funding of Elections to beextended to independents and upcomingpolitical parties.
Funding of elections
13. Shri Anil Bairwal,NationalCoordinator,Association forDemocratic [email protected]
AssociationforDemocraticReforms
(i) Suggested that views of the common peoplealso to be taken along with the views of thebureaucrats (current and former IAS officers) andmedia persons, for better representation.
(ii) In addition to topics of preparation of voter
Conduct andbettermanagementof elections
15
mailto:[email protected]:[email protected] -
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
16/117
rolls, EVMs etc, more time should be allocated toimportant topics i.e. criminalisation of politicsetc.
(iii) Suggested that the electoral reforms cannotin itself be effective without political reforms, itwould be better if these consultations explicitly
include discussion on Political Reforms as well.14. -do- -do- -do- -do-
15. Shri Babu RajendraBhadrapur,President,RashtriyaRachanatmaka KriyaRanga,Daji anpet,Hulakoti Chawl,
Hubli-28, (DharwadDistrict)Karnataka.
RashtriyaRachanatmaka KriyaRanga
Suggested for a law to declare any kind ofdefection as a crime.
Review of anti-Defection Law
(i) Suggested that voting rights should not begiven merely on the basis of age but should begiven to persons who have clearly understoodthe social and political significance of their votes.
(ii) In order to make the democracy fruitful,suggested that only those candidates whosecure more than 50 per cent votes should bedeclared as winners.
(iii) Suggested to ban political parties failing tofulfil election manifesto.
Conduct andbettermanagementof elections
16. Shri UllalPadmanabha,(AEE.Rtd)No.8, MIG,K.H.B.Colony,Bondel,Post-Kavoor,
(i) Suggested to amend law so that any personcan contest election irrespective of caste, genderetc. guaranteed by the constitution.
(ii) Suggested that the total number of electedmembers should be based on total number ofvoters.
Conduct andbettermanagementof elections
16
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
17/117
Mangalore - 575 015.(iii) Suggested that the total number of reservedseats and general seats be decided by thecompetent authority.
(iv) Suggested that the total number ofwards/zones be equal and limited to the number
of general seats, where everyone includingpeople from reserved groups can also contest.
(v) Suggested that reservation is an additionaladvantage/facility provided and hence reservedcandidate be elected from the general wards. Insome identified arrears elect one generalcandidate and one more reserved candidate.
(vi) Suggested to form WARD COMMITTEE tohelp and guide elected leaders (as done in
Hubli).17. Shri Ajay Mishra,
General Secretaryand Spokesperson,Nationalist CongressParty,Chhattisgarh,Raipur 492 001.
NationalistCongressParty,Chhattisgarh
Forwarded the following points for discussion:-
(i) Why voters are not interested in casting theirvotes?
(ii) Which category of the electors are interestedand why?
(iii) What should be fixed as minimum
percentage of voting to decide as majoritygovernment?
(iv) Whether the number of votes be counted onthe basis of the qualification of the voter?
(v) Whether our Governments are elected by
Conduct andbettermanagementof elections
17
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
18/117
majority?
18. Shri P.N.Upadhyay,Secretary,
Nationalist CongressParty,Nagpur
NationalistCongress
Party,Nagpur.
(i) Power of the Election Commission to de-register the political parties. Increase in number
of political parties should be curtailed and thereshould be two parties in the country (as inAmerica).(ii) Suggested that Just prior and during theelections, Governors rule should be imposed, sothat the ruling party do not get any undueadvantage of using its power.
(iii) Suggested that law to amended in such amanner that a person can contest only for oneseat.
(iv) Election canvassing though mediaadvertisements should be prohibited.
(v) Ban on the person from contesting election,who gives wrong information in the affidavit andfive year imprisonment or fine of five lakhsrupees.
(vi) Transfer of officials to be made prior to sixmonths from the commencement of electionsprocess.
(vii) Need of None of the above option in theEVM.
Conduct andbetter
managementof elections
18
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
19/117
(viii) Whoever tries to use religion or caste inelections should be debarred.
(ix) To cancel Teacher and Graduateconstituencies in Legislative Council electionsand Farmers, Lawyers, Doctors and Engineers
should contest for the same.
(xi) Equal limitations on the election expenses ofall seats i.e. Gen/SC/ST.
(xii) Establishment of special courts to deal withelection petitions.
(xiii) Fix Graduation as Minimum educationalqualification to contest election.
(xiv) No person should be allowed to contestmore than once.
Periodical audit of accounts of political parties.
Review of Anti-Defection Law- If a person do notget ticket from his party, other party do not beallowed to give ticket to such person-Need ofsuch law.
Audit and
finances ofpoliticalparties.
Review of anti-defectionlaw.
Criminalisation of politics
19
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
20/117
Antecedents of candidates should be clean.Accused should not be allowed to contestelections.
19. Shri Priyavadan P.Shah,
(Action Group)Bhagavati Chambers,Ashram Road,Ahmadabad.(through MHA)
Vide his representation he has requested theHonble President of India not to give assent to
Bill for Compulsory Voting for Elections to theLocal Bodies and Panchayats in Gujarat as thesame is unconstitutional.
Conduct andbetter
managementof elections
20. Shri Devi PrasadNand,Incharge,
Maulik AdhikarParty, Virouli,
Motinagar,Faizabad,Uttar Pradesh 224201.
MaulikAdhikarParty,New Delhi
(i) Demands cash for votes to the voters.
(ii) Supports Negative voting.
(iii) Suggests for women reservation on the basisof caste.
(iv) Suggests to reduce deposit amount so thatcommon may also contest
Conduct and
better
management of
elections
21. National Network for
India Trust,
131-132,
Som Dutt Chambers,
1, Bhikaji Kama
Place, New Delhi-
110066.
Debarring of candidates facing criminal charges
will restore Peoples faith in Elections. Suggested
to chalk out a Road Map to decriminalize politics.
Criminalisation of politics
20
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
21/117
22. Lt.Col.B.B.Sharan
(Retd.)
President,
Nyaya
Bhoomi, 288,
Narmada
Apartment,
Alaknanda,
New Delhi-110 019.
Suggested to consider amendment to article
84(c) of Constitution to prevent criminalisation of
politics.
Qualification graduation with LLB degree or PG in
any subject, Engineering, Medical degree, CA,MBA or retired class I or class II officers of the
central/State/ Governments should be prescribed
as qualification of a M.P. Similarly, minimum
qualification of MLAs and Councillors should be
revised. Computer knowledge should also made
necessary.
Criminalisation of politics.
Conduct and
better
management ofelections
23. Shri John F
Kharshiing,
Co-Chairman,
Meghalaya State
Planning Board,
Meghalaya
Secretariat,
Yojana Bhavan,
Shillong.
Organization 1. Make it compulsory for candidates to garner
more than 65 % of the votes before being
declared a winner and disallowing those who
received less than 25 % votes from contesting
the second run-off, will address the present
anomaly of first past the post system, wherein
a number of candidates declared winners have
been found to have received only 22 % to 28 %
of the total votes poled and in some case much
lower.
2. Doing away with bye-elections and allowing
the party that won the seat during general
elections to nominate its candidate, make sense.
Conduct and
better
management of
elections
21
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
22/117
3. Bringing the State under ambit of the Election
Commission six moths prior to elections will help
to provide a level playing field to political parties
and candidates.
4. Making it mandatory for MP and MLA schemes
to be stopped one year prior to elections.
5. Formation of special task force during
elections comprising of officials and IT experts
from RBI, Income Tax to monitor all bank
transactions, withdrawals including airport to
check flow of money.
24. Shri R.K.Tripathi, Forum of
Financial
Initiatives,
306,
Vishwa
sadan,
District
Centre,
Janakpuri,
New Delhi
58.
Supported State funding of elections. State funding
of elections
25. Shri H.S.Hooda,
Advocate general,Haryana
1. Suggested for amendment in section 77 of the
Representation of the People Act,1951, whereinExplanation - 1 and Explanation 2 be deletedand in lieu thereof maximum limit of electionexpenses in Parliamentary constituency andAssembly constituency may be increased by wayof amending Rule 90 of the Conduct of ElectionRules, 1961.
Conduct and
bettermanagement ofelections
22
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
23/117
2. In order to enhance the power of the observesit is suggested necessary amendments in section20 B (2) of the Representation of the People Act,1951 to the effect that Whenever the violationpertaining to matters in section 20 B (2) comesto his notice.
3. Suggested to amend section 123 of theRepresentation of the People Act, 1951 byadding clause 9 in the section as follows:-
Any publication by a candidate or his electionagent or any other person (with the consent of acandidate or his election agent)or by a registeredpolitical party (national or state) in favour of acandidate or candidates through print media orelectronic media (using TV channel or any other
electronic device),which are paid news or paidclippings in relation to the rival candidate orcandidates which are calculated to prejudice theprospects of that candidate or candidateselection or of their political party or politicalparties.
1. In order to curb criminalisation it is suggestedto amend section 8 (3) of the representation of
the People Act, 1951 enhancing the period ofdisqualification from six years to eleven years.
2. To keep an effective check of criminality in theelectoral process, the rules for disclosure ofcriminal record should be made more stringent.
Criminalisationof politics
23
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
24/117
26. Shri Ramanjit KaurJohal,
Chairperson,Department of PublicAdministration,Punjab University,Chandigarh.
1. Suggested to mention date of birth in the EPICso that applications for EPIC can be accepted
even before 18 years of age and it can also beverified at the time of voting.
2. There should not be a cut of date fixed foracceptance of application for EPIC.
3. Introduce biometric system to ensure misuseof vote of citizens who are ordinarily resident butaway at the tile of election.
Conduct andbetter
management ofelections
27. Shri MA Abdul
Majeed
India
Fraternity
Forum,
Muscat.
Suggested following for easy enrolment,
registration and participation of NRIs in the
democratic process:-
(i) Avoid charging fees for attestation from
Embassies and consulates or permit for self-
attestation.
(ii) Open more attestation centers in easy
accessible areas other than embassy and
consulates.
(iii) Extent the time limit for receivingregistration application to at least until the end
of April.
(iv) Utilize NRI organizations help to process the
registration.
Conduct and
better
management of
elections.
24
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
25/117
(v) Instead of mere attestation Embassies should
take full responsibility for the registration
including dispatching the application to the
concerned authority in India.
(vi) In future, by utilizing the modern technology,
NRIs should be allowed to vote by postal ballot,
electronically or at Indian missions abroad.
28. Shri V.V.Elangovan,
Reporter,
Private Channel, 7,
Indra Nagar West,
Chennai Salai,
Kumbakonam-
612002
The votes or the number of seats won a party
make it eligible to contest in the next elections.
Due to alliances of the political parties, the
eligibility criteria for a political party to contest in
the election as a recognized party or a registered
party cannot be ascertained on the basis of the
votes received by them.
Conduct and
better
management of
elections
29. Dr.DeenanathSrivastava,
122,
Krishna Colony,
Jeevani Mandi, Agra
4.
1. Minimum percentage of Votes to beprescribed to declare a winner.
2. Need to educate electors to use theirfranchise wisely.
3. Impose severe restrictions on the electionexpenditure
4. Minimum educational qualifications and age
limit to contest elections.
Conduct andbetter
management of
elections
30. Shri D.Joseph
Jeyamoney,
Convenor Society for
Securing Social
Order-Justice, Social,
1. Disadvantages due to multiplicity of political
parties.
2. The voters are not able to elect their
representatives by taking into account the
personal characters and qualities of the
Conduct and
better
management of
elections
25
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
26/117
Economic and
Political,
181/84,
Thirunagar,
Salem-636007
contestants
3. To prevent bogus electoral rolls.
4. The party in power will resign immediately
after general elections are announced and the
State/Centre will come under the Presidents
Rule.
31. Shri A.N. Sarwate,
Laxmipura,
Sagar-470002
M.P.
General
Public
1.(a)The candidate for Parliament/Legislative
Assembly should have been or is a member of
any local body such as corporation, municipality,
panchayat, Cantonment board, etc;
(b) The candidate should not own any liability
such as tax, loan, house tax etc. This will
provide for recovery of outstanding amount;
(c) There should be a condition relating to
educational qualification, such as
(i) High School for local bodies;
(ii) Graduate for Assembly or Parliament.
2. Every party should be asked to provide a
panel nominating two names for each seat. The
name of the contestant so given at sl.no.1 should
be included in the ballot paper. In case of anymiss happening with him, the person so
nominated at sl.no.2 would be considered as an
authorized candidate for the said party. This will
avoid suspension of election or re-election.
Conduct and
better
management of
elections
26
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
27/117
Election process should not be withdrawn in the
event of death of an Independent candidate. In
practice, the name of the candidate died in
between may be erased by using ink over it.
3. A person should be allowed to contest only
from one place at a time either for Parliament or
Assembly election.
4. The election for Lok Sabha and Legislative
Assembly should be conducted simultaneously.
32. Shri Vijaywant
Kumar Chaudhary,
Ramashray Nagar,
Ward NO. 10, Post
Dalsingh Sarai, Distt.
Samastipur-848 114.
General
Public
1. Enactment of a Law/framing of rules making it
mandatory for every registered national party
and the regional political party to upload the
updated list of their active members through
internet with a copy thereof to each office of the
Election Commission;
1. Provision for a condition that a person
desirous to become the Party Candidate for
Parliamentary/Assembly election should have
been an active member of the said party for a
period of not less than six months prior to thedate of filing nomination;
1. Provision for a law to conduct the election of
the organisation office bearers of the registered
Regulation of
political parties
Conduct and
better
management of
elections
Regulation of
political parties
27
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
28/117
and approved political parties at national level,
state level and district level under the
supervision of Election Commission;
2. An amendment is required in the law relating
to registration of a political party and conferment
of national or regional party status so as to
include the condition of minimum number ofactive membership of the party in addition to the
existing provision of minimum votes casted in
favour.
33. Dr. Mahadeo Abaji
Pol
159, Laxminagar
A/P & Tq. Phaltan 415523
District Satara,
Maharashtra
and another
[through o/o Addl.
SG]
General
Public
1. The stipulation that the polling agent should
be ordinary resident and electors of the
concerned polling area only as provided under
para 9.1 of Handbook of Polling Agents should beremoved for being contrary to section 46 of RP
Act, 1951. The contesting candidate be given
free choice for appointing polling agent of his
choice even outside the concerned polling area;
2. Increase the height of covering blockage in
front of voting machine minimum to the level of
4 ft from the existing 2 ft with appropriate
coverage of voting machine, table/desk from allsides;
3. Provision for unified/combined and centralized
counting of votes instead of booth wise/ward
wise independent counting of casted votes and
declaration of result for entire constituency
Conduct and
better
management of
elections
28
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
29/117
without any reference to booth/ward;
4. Use of EVM be stopped and the old system of
manual physical voting on printed ballot paper
should be restored.
34. Shri Ravinder Singh
Y-77, Hauz KHas
New Delhi 110 016
General
Public
1. The constitution of most of the political parties
is allegedly undemocratic. EC should ask for (i)
renewal of constitution parties a year before
normal schedule of general elections for national
parties; (ii) furnishing details of human resources
in terms of qualifications and infrastructure; (ii)
EC should provide standard format for election of
National Executive for national parties and State
Executive for state parties;
1. The candidates with criminal cases should be
directed to notify the public through press their
intention to contest the elections and make them
available on all hearings before the courts and to
obtain NOC of the court if the case is pending.
2. The parties with more than 5% members in
Parliament or State Assemblies with criminal
cases or more than 5 members with criminal
cases over 12 months old pending should bedisqualified.
1. Appointment of a News Media Regulator a
month before notification for the general election
Regulation of
political parties
Criminalisationof politics
Conduct and
better
management of
elections
29
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
30/117
to avoid paid news, paid no news etc. and to
ensure equitable representation to all parties in
broadcast time, etc. over and above the conduct
of free and fair election.
2. State Auditors and the CAG should verify the
economic profile of parties to avoid misleading
and false claims of growth and achievements.
3. Cut in election expenses in the way to accept
nomination well ahead and fix the lower deposit
i.e. Rs.1000 for candidates filing nomination 12
months in advance and higher deposit i.e. Rs.1
lakh for last week nominations.
35. Shri S. G.
Dhaneshwar
29, Omkar LamRoad,
Saubhagya Nagar
(Vihitgaon) (Nashik-
Road),
Nashik, Maharashtra
General
Public
1. Compulsory voting by voters for a minimum
10 time in his/her life;
2. Simultaneous elections for Lok Sabha and
Vidhan Sabha;
3. Two days for casting vote preferably Saturday
and Sunday. If someone could not cast his/her
vote on first day the same could be done on 2nd
day;
4. More polling booths;
5. Thorough study of seasons with the help of
Metrological Deptt for fixing the dates for voting;
6. Whole country should be divided in four zones
for deployment of security personnel and
election in these zones should be on separate
Conduct and
better
management ofelections
30
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
31/117
dates;
7. Higher age limit for contesting the election i.e.
not more than 75 years;
8. Restriction for multiple seats contests, that is
to say, one candidate one seat formula;
9. Accused of any major/serious offence should
be debarred from contesting and it should be
immaterial whether he convicted or acquitted.
His/her nearest family members should also not
to be allowed to contest;
10. Only two terms for each elected candidates
i.e. 5 + 5 years
11. Two types of fund
a) Election Fund non-refundable at the rate of
10% of his total income as shown by him to be
used as National Fund;
b) Security Deposit
Person with income less than Rs.50 lac from all
sources should however be totally exempted
from paying the Election Fund(National Fund);
12. Person with two children should be allowed
to contest the elections. However, a person with
3 female children should be allowed to contest;
13. Minimum qualification should be prescribed
such as, VII std for Vidhan Sabha and 12th Std for
31
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
32/117
Lok Sabha;
14. EC should be empowered to call back the
elected candidate if:-
(i) he has not attended 80% sitting of the House;
(ii) he has not governed his constituency as
expected by the electorate or as per the
manifesto of the party;
(iii) he has been alleged of favouritism, misuse of
power, etc.
36. National Election
Watch
B-1/6,
Upper Ground Floor,
Hauz Khas,
New Delhi
NGO 1. Draft of the Political Parties (Registration and
Regulation of Affairs, etc.) Act, 2011 prepared
under the guidance and supervision of ex-CJI has
been forwarded.
2. Electoral Reforms:-
(i) Person with charges of offences punishable for
two years or more should not be allowed to
contest elections;
(ii) The candidate to disclose his income and
sources of income apart from assets and
liabilities;
(iii) CEC should be appointed through a multi
party system including PM, Leader of Opposition,
Speaker Lok Sabha etc.;
(iv) More effective ceiling on expenses of political
Conduct and
better
management of
elections
32
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
33/117
parties during election period;
(v) The election wining requirement should be in
the ratio of 50%+1 of the registered votes
cast;
(vi) Provision for None of the above in the EVM;
(vii) Amendment in sections 78, 81 and 84 of the
RP Act, 1951 to reduce the period of filing
accounts of elections expenses by contesting
candidates;
(viii) Action against candidates who fail to file
their election expenses;
(ix) Provision for filing election petition against
candidates even who lose elections;
(x) Strict penalties against those involved in
electoral malpractices;
(xi) Law against the use of excessive money in
elections by candidates;
(xii) Provision for verifying the declarations in the
affidavits of the candidates;
(xiii) Prohibition of taking other offices afterretirement of the Election Commissioners.
There are also suggestions for Political
Reforms and New Rules by Election
Commission.
33
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
34/117
37. Chairman,
Maharashtra
Legislative CouncilForwarded by
Principal Secretary &
RLA, Law and
Judiciary Department
Govt. of
Maharashtra.
(received through
Addl. SG)
Govt. Agency The election to fill a seat or seats in the
Legislative Council should also be conducted by
way of open ballot votes on the analogy of thescheme provided for the Council of States by
amending Section 59 of the Representation of
the People Act, 1951 by the Representation of
the People (Amendment) Act, 2003 [Act No. 40
of 2003] by inserting a proviso to the effect that
.the votes at every election to fill a seat or
seats in the Council of States shall be given by
open ballot so as to maintained consistency and
uniformity in the manner of elections of Councilof States and Legislative Councils.
Conduct and
better
management ofelections
38. Shri R.N. Agarwala,
Sandal Sadan,
WZ-316,
Naraina, New Delhi-
110 028.
General
Public
It is stated that enhancing of election
expenditure would prove more luring to corrupt
the elected/aspiring legislators who arte already
in receipt of heavy packets. Suggested that
election campaign may be funded by the
government itself so that the deserving social
servants could be encouraged to den the
legislatorship and the corruption may be
eradicated to the great deal and the allurements
too could be kept at bay.
Funding ofelections
34
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
35/117
39. Society for justice
(Regd.),
39, Industrial Area,
Under Bridge Road,
Rajpura,
Distt. Patiala,
Punjab-140 401.
Organization Recommendations:-
1. The citizen is to be in the Voter List of the
same constituency for the minimum ten years
during immediate past period.
2. The citizen should possess knowledge of the
Constitution of India and the Laws framed by theHouse and that of the State Assembly of his
constituency.
3. The Election Commission should hold
screening test annually for the citizens
interested to opt for the membership of the
House or the State Assembly. The certificate of
this screening reflecting the merit may be issued
to the citizen.
1. Persons filing false criminal complaints against
a candidate are liable to be punished with
rigorous imprisonment if the candidate is
acquitted.
2. The citizens holding the certificate and name
in the voters list for more than ten years and no
criminal record may only be allowed to filenomination papers to the elections.
3. Suggested to amend section 8 of the
Representation of the People Act, 1951 as the
same is too complex and leaves many loop holes
Conduct and
better
management of
elections
Criminalisation of politics
35
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
36/117
to escape disqualification.
4. Suggested to amend section 8 of the
Representation of the People Act, 1951 to cover
all offences under the law.
40. Shri Kishan Goradia,
Convenor,
Sadbhavana
Sangh,Dosti Trust,
Arya Soap
Premises,
16 Hansraj
Lane,
Bhayaq(East)
, Mumbai -
400 027.
I. To include provisions for Telephone No.(Resi/Off/Fax), Mobile No. and E-mail address.II. None of the above option on the EVM.III. Right to recall inefficient & corrupt electedrepresentatives.IV. Adequate provision against officials &candidates guilty of dishonouring Code ofConduct.
Conduct and
bettermanagement
of elections
41. Shri Subodh Bargavaand Others.
NationalNetwork for
India Trust,
131-132,
Som Dutt
Chambers 1,
5 Bhikaji
Cama Place,
New Delhi-
66.
Need to decriminalise politics and push outthrough the exit door 152 convicted MPS.
Criminalisation of politics
42. Shri B.P.Singhal
Secundrabad,
Andhra Pradesh.
9849010169
To make voting compulsory Conduct and
better
management
of elections
36
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
37/117
43. Shri P.C.Abdul Lathif
36/2807,
RAJAB, West Kallai,
Francis Road,
Calicut-673003,
Kerala.
Kerala
Janavedi
State
Committee,
36/2807,
RAJAB, West
Kallai,
Francis Road,
Calicut-
673003,
Kerala
Expressed their interest to participate in the
Regional Consultation held at Benguluru on
16/1/2011.
NA
44. Anonymous 1. Feels that Opinion poll provide the truth to the
people.
2. Need of Compulsory voting
3. Preliminary voting should be held to allow any
independent candidate to contest elections, in
which the candidate should be required secure
minimum votes.
4. Winner must secure 30% of the total votes in
the constituency and more votes than other
candidates.
5. Minimum of 10% votes must be polled to a
State level party in that State and All India level
party in the central elections, otherwise it should
be debarred for the next one election.
6. Voting should be made easier and it should be
like ATM, which facilitate the voter to cast his
Conduct and
better
management
of elections
37
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
38/117
vote from anywhere in India.
7. Issuing of voter ID cards should be entrusted
to any private agency where voters can make ID
card by furnishing details and paying fees as is
the case with PAN.
1. Audit of the accounts of the political parties
and publication of the final accounts and audit
report and also made suggestions with respect
to appointment and tenure of the auditors and
the format of audit report.
2. EC in consultation with Comptroller and
Auditor General should appoint a Chartered
Accountant to do audit and submit report to the
Election Commission regarding the audit ofaccounts of every candidate.
Audit and
finances of
political
parties.
38
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
39/117
45. Shri N.K.Jain
Spl.Public
Prosecutor,
12/B,
Nandalay Society,
B/h.
Ambe Vidyalay,
Sama-Savli Road,
Vadodara 8.
1. Elections shall be on the basis of party system
2. The ballots shall contain name of each
contesting party with its symbol without name of
its candidate and vote is to be on partys symbol.
3. The reservation of seats must be cancelled. It
must not be in the constituency level, but onparty, which should take such number of people
as per the reservations.
4. In case of re-election, if due to any
circumstances any sitting member of any party
is unable to attend House eg. death, jail, etc. the
list shall be referred next to the last taken in the
House, shall be considered competent to seat in
the House and re-election will not be ordered.
5. Some suggestions with respect to
Independent Candidates are also made.
Conduct and
better
management
of elections
46. Shri Prashant V
Hamine,
Special
Correspondent,
Gifiles
Magazine/Afternoon
Despatch & Courier,A 5/12, Dudhsagar
Co-op.Hsg. Sty. Ltd.
(Regd.),
Ciba Road, Near
Aarey Check Naka,
1. Contesting should be asked to obtain acertificate from the concerned Police Station andCourt of Law stating whether or not he has anycases registered against him, or are pendingtrail, or judgement is awaited, or judgement hasbeen pronounced.
2. Motivated and registration of false casesagainst rival candidates should attract maximumof stringent penal punishment possible to deterpersons from making false charges or implicatingrival candidates with motivated or false cases.
3. Supported Negative or Neutral voting.
Conduct and
better
management
of elections
39
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
40/117
Goregaon East ,
Mumbai 400 065.
4. Suggested to increase official limits oncampaign expenditure.
5. To curb the cost of campaigning, durationof campaigning need to be reduced.
6. Polling in more than one stage to reduceirregularities in polling.
7. Preparation of Electoral roll by the full-timeECI staff to curb bogus voters and use of latesttechnology in the preparation of the electoralroll.
8. To increase the security deposit amountfor Independent candidates.
9. To prohibit/restrict the Government
sponsored advertisements being issues prior toany election or from the date of the dissolutionof the House.
10. Supports restriction on the number of seatswhich on may contest.11. Supports to amend the law to provide forfiling of election petition even against defeatedcandidates on the ground of corrupt practices.
12. Supports to ban the Opinion Polls.
13. Supports to ban any kind of campaigningduring the last 48 hours.
14. Permanent ECI staff to conduct elections.
40
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
41/117
15. False declaration in connection withelections to be an offence.16. To enhance the punishment for electoraloffences.
17. Model Code of Conduct and otherformalities should be made applicable forelection to Legislative Council elections.
18. Need of law to prevent misuse of religionfor electoral gains by political parties.
19. Welcomed the Totalizer method.
20. Increase of disqualification period to 10years for non-filing of election expenses in thestipulated time.
21. Need to increase the threshold criterion foreligibility of political parties.
22. Suggested to setup special Electiontribunals or Fast Tract Courts.
23. Voting must be made compulsory.
24. Postal Ballot availability for all.
25. To reduce election expenditure,
simultaneous elections to the State LegislativeAssemblies, Lok Sabha; State LegislativeCouncils and Rajya Sabha.
26. Model Code of conduct should beconverted into a Law.
41
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
42/117
27. Pre-poll Alliances or Coalitions should haveapproval of the ECI and not Post-Poll Alliances orCoalitions.28. Pre-Election Manifestos and CommonMinimum Programmes must be registered.
29. Right to recall need to be considered onlyafter carefully studying international precedents.
1. Monitoring and Auditing of all assets andliabilities of candidates and political partiesshould be done by a special body that is createdout of amalgamation of approved CAs andofficials from the C&AG and IT Deptt.
2. Audit of the accounts of the political partiesand upload them on the ECI website.Supports State Funding of Elections.
Suggests for strong Anti-Defection law.
Audit and
finances of
political
parties.
Funding of
elections
Review of
anti-defection
law
47. Shri Ravi Goenka,
FCA
A58,
Shanti Path,
Tilak Nagar,
Jaipur -302 004.
1. Consolidate both National as well as Statelevel Voter list into ONE Voter list.
2. Consolidate various elections i.e ParliamentaryElections, State Legislature Elections, MunicipalElections and Panchayat Elections into ONEelection process held every Five years.
3. Constitutional amendment to make votingas Fundamental Duty under article 51A.
4. To amend the RP Act, 1951 to enshrineCitizens Electoral Participation as Mandatory.
Conduct and
better
management
of elections
42
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
43/117
48. Shri
D.Renukvijay.V.Mand
i,
Director.
Karnataka
State
Organised,
Unorganised
Workers
Welfare Co-
operative
Society Ltd.
(Regd.)
219,
10th Cross,
6th C Main
Road,
H.M.T.Layout
, R.T.Nagar,
Bangalore
560 032.
1. Corrupt and malpractice should be strictlystopped.
2. Communal, religious and fundamentalistsshould be kept out of elections.
3. Comprehensive poll reforms
4. To bring compulsory voting.5. A graduate or Post-graduate qualified personshould be allowed to contest elections.
To ban persons with criminal back ground fromcontesting elections.
All expenses of election should be borne by
Government
Conduct and
better
management
of elections
Criminalisatio
n of Politics
State
funding of
elections
49. Professionals Partyof India,C/o Chherawala &Associates,F6/35 United
Apartments,East Street,Pune- 411 001
(i) Minimum four months prior to the electiondate, Election Commission must call from allcandidates, complete profile written by then inEnglish, Hindi and vernacular medium, who wishto participate in the Election as candidate. Profile
should contain their personal bio-data, theirviews on what problem citizens face today in theiconstituency, candidate proposal to solvecitizens problem, candidates idea/though toserve society and any other necessary detailscandidate deem fit.
Conduct andbettermanagement ofelections
43
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
44/117
(ii) Election Symbol must be given immediatelyafter scrutiny/acceptance of the candidatesapplication. The current time frame of 20 daysfavours only the old and existing political partywhich is not a fair practice.
(iii) Suggested to ban rallies and use of loudspeakers and voters to be given sufficient timeto decide as to whom they have to vote for.Therefore, sufficient time to be given for votersto find out pros and cons about candidates whowish to represent them from their constituencyi.e. the ability, competency, qualifications,honesty, loyalty and moral, Mental and physicalstrength of the candidate.
(iv) Suggested that if three month time is givento the citizens to know their candidate, there is
no need for canvassing by candidates. Of thecandidate to be sent to the voters by the ElectionCommission at their registered address andcopies of the profile be made available in themarket by paying price and through ElectronicMedia and Information Technology.
(v) In formation about place, Booth No. andSerial No. of voters be distributed by the ElectionCommission.
(vi) It is stated that the political parties createhype in the minds of the voters throughelectronic and press media and a new competentand deserving person not having funds cannotdo so. it is further stated that the same is againstvery basic policy of free and fair election where
44
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
45/117
citizens are induced through media to vote forrich, mighty and old political partys candidatewho may not be competent and deservingperson.
50. Shri Gian ChandGupta,
Kothi No. 94,Sector-17,Panchkula,Haryana.
BhartiyaJanata Party,
Haryana
(i) Steps should be taken by the Government forproviding State funding and to reduce the
expenditure for contesting.
(i) There should be transparency andaccountability for electoral registration office andthere should be provision for penalty for makingbogus voter.
(ii) Suggested for a common electoral roll for allthe elections.
(iii) Suggested for a centralised online system for
registration/enrolment of voter will be veryuseful for this purpose.(v)Special squads be made for preventingdistribution of liquor, money etc. duringelections.
(iv) Polling personnel should be from differentregion and be selected by lottery.
(v) transfer of officers before six month from the
date of elections be handed over to the ElectionCommission.
(vi) One person should not be allowed to contestfrom more than one seat.
(vii) Suggested that any candidate who lost the
Funding of elections
Conduct andbettermanagement ofelections
45
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
46/117
election three times should be debarred fromcontesting election.
(viii) Use of EVMs needs to be reconsidered.
(ix) All election disputes, defection to be decidedby the Special Election Tribunal.
Anti defection law should be implemented fromthe municipality level and any elected candidateif violated should attract disqualificationautomatically.
Review of ant-defection law
51. Rashtriya MatdataManch,18, Chandravijay,Lokmanya TilakMarg,
Mulund(East),Mumbai 400 081.
(i) Train legislators by starting refresher coursesetc.
(ii) First appeal in election petition should lie with
the Election Commission and then with theSupreme Court only.
(iii) Suggested that Election Commission shouldstart campaigning on TV and in print media6months in advance to cover the following :-(i) how to check and register your name(ii) rights and duties of voters, political parties,candidates and public representatives in ademocracy;(iii) how to choose a good party;(iv) how to choose a good candidate;(v) countering coercion and money power;(vi) Suggested that Mp/MLA should publish list ofprojects and referendum shall be held to
Conduct andbettermanagement ofelections
46
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
47/117
prioritize them and voluntary organisationsshould be allowed to monitor estimates cost andquality of these projects.(vii) Power to decide salary and perks oflegislators to be given to independentcommission instead of the present system.
(viii) Legislators should be allowed to meet onlydesignated government officer of theconstituency to minimise their interference inday to day administration.
(ix) For efficient conduct of affairs it is suggestedthat 15% of Ministers should be allowed as non-legislator quota for PM/CM. These Ministers mustbe voted on by a committee of legislatures.
(x) Suggested to appoint a Commission to
consider ways and means to preventmonopolisation of legislative, administrative,money and advisory powers by a person orpolitical party or any other institution.
(xi) All Ministers at Centre and State must resignwhen elections are declared except PM and CM.
(xi) Concurrent elections to State legislaturesand Parliament to save money.
(xii) Single day election to be conducted.
(xiii) No body should be allowed to contest morethan one seat at any given time.
47
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
48/117
52. Prof. Rajeev Gowda,Chairperson,
Centre for PublicPolicy,Indian institute of
Management,Bangalore 560 076.
1. To address the issue of low participation ingraduates constituency, it is suggested that the
election Commission can create more awarenessamongst the graduates as well as the studentsabout graduate constituency elections at thecollege/university level itself.
2. Suggested that the option to enrol on theelectoral roll for graduates constituency to beopened throught the year instead of the currentsystem and also.
3. In order to increase the efficiency of
enrolment, it is suggested to provide onlineregistration.
4. The electoral registration officer can allow thecurrent rolls of the graduate constituency to bevalid unless the enrolees submit an applicationto delete or change. The extant of Acts and Rulesprovide for the electoral rolls to be revised orprepared before the biennial elections. Furtherthe Election Commission can also direct a special
revision of the rolls to effect an increase in thespan of enrolment period.
5. As the provisions of submission of applicationare allowed, it is suggested that the provisionscan be used by citizen groups and NGOs fortaking up activities for enrolment of electors. To
Conduct andbetter
management ofelections
48
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
49/117
further increase the reach, there should be aprovision for Chief Electoral Officers to sendspecific proposals for approval of theCommission to involve Corporate, Public, Semi-Public sector organisations in the electoralregistration process.
6. Inclusion of qualifications in the census wouldalso help in tracking the record of graduates inthe constituency and ascertain the participationrate in order to take further measures forelectoral reforms to encourage moreparticipation in the graduates constituencyelection.
53. Shri H.Hanumanthappa,(Ex. MP)
Vice-president,Karnataka PradeshCongressCommittee,Congress Bhawan,N.14,Queens Road,Bangalore -560 052.
KarnatakaPradeshCongress
Committee
(i) Association of candidates with fundamentalistinstitutions and communal organisations shouldattract disqualification.
(ii) Candidates past performance in electedbodies like panchayat institutions, co-operativeinstitutions or in service of these institutionsincluding governmental or non governmentalorganisations are also to be taken note of toprescribe disqualification.(iii) Involvement in corrupt practice together withcriminal activities should be a disqualification.(iv) A corrupt politician/corrupt official who haveamassed wealth illegally should sufferdisqualification.(v) In the National elections, only candidatesfrom national parties to be preferred andregional parties to contest only State assembliesand regional parties should not be given anychance to enter Rajya Sabha.(vi) Parties with regional bias, communal bias
Regulation ofpolitical parties
49
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
50/117
and ideas of disturbing social equilibrium shouldnot be allowed to participate in the process ofelections.
In order to overcome the influence of moneypower, it has been suggested that there shouldbe State funding of elections.
(i) In order to ensure participation, compulsoryvoting and minimum percentage of voting forvictory should be evolved.
(ii) Rural Development organisations, PanchayatRaj Institutions, Co-operative Institutions,Municipal organisations, Urban corporations aresupposed to be training grounds for localactivists to get trained themselves and be able
to emerge as future leaders to take theresponsibilities in Legislature and Parliament.
(iii) Electoral rolls should be ready two monthsahead of poll day,(iv) Keeping it open till last date createscomplication of addition and deletions. (v)Election Machinery should not meddle with voterlist.(vi) There should be no correction in the voterlist once published before two month.
(vii) Abandon electronic voting machines till suchtime they are declared fool proof and voter getconfidence.
(viii) There should not be any increase in the
Funding of elections
Conduct andbettermanagement ofelections
50
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
51/117
security deposits.
(ix) Contesting from more than one constituencyallowed only in special cases after satisfaction.
(x) Suggested to impose restriction on opinionpolls to be imposed.
(xi) Suggested to ban House-to-House campaignduring last 48 hours of elections.
(xii) Suggested to give severe punishment forerrant elections officials.
(xiii) If any violation of code of conduct is noticedon elections, the results of those constituenciesto be stopped.
(xiv) Supported the setting up of electiontribunals.
(xv) Prescribe minimum qualification for thecontesting candidates(i) Due to the entry of criminals as members ofParliament and State legislature, it has beengiving an impression that criminals and anti-socials are for immunity and to safeguardthemselves rather than thinking of the Nation,Society and Aam Admi. Therefore, it is high time
that measures are to be in place to infuse faithand confidence in the elections and democracy.
(ii) Disqualification on the basis of pendingheinous crimes/warrant cases, pending cases ofsocial laws against child labour, atrocities on
Criminalisationof politics
Audit of financeof politicalparties
51
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
52/117
women and SCs & STs and weaker sections,pending cases under prevention of corruptionAct, pending cases of violation of electoral lawsin earlier elections, pending cases of hoarding,smuggling, black marketing.
Suggested that indirectly taking control ofpolitical parties is not acceptable. However,onspecific complaints of violations of economic,taxation and FERA laws, verification/investigation can be made instead of audit fromCAG.
Suggested the need of a stringent anti defectionlaw. It is also suggested that persons elected byone party should not be allowed to change theparty for 5 years. A person who changes partycan contest only after 5 years.
Review of anti-defection law
54. Bharatiya JanataParty,
BharatiyaJanata Party,Karnataka,# 11, 12thMain Road,Malleshwaram,Bangalore
560 055.
Suggested that the existing system of convictionfor offences involving punishment of two yearsand above can be maintained. But proper andcompulsory implementation of the stringentpunishment for non-compliance with thedisclosure requirements of pending criminalactions and convictions and to set a time framefor disposal of criminal cases of such action.
Suggested as follows:-(i) Hike the limit to realistic, practical andreasonable
(ii) Collection of election fund to be made more
Criminalizationof politics
Funding of elections
52
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
53/117
transparent
(iii) Provided significant IT benefit for donors topolitical parties.
(iv) Contribution of ` 5000/- or more to acandidate by an individual/institution, is said tobe accounted for. This limit might have beenfixed decades ago and is presently unrealistic.Any contribution of ` 20000/- and above said tobe made only by cheque for a political party is tobe made applicable to the candidates also.
(v) Equitable distribution of time slots allotted topolitical parties/candidates in electronic media tobe made applicable to private channels also andsimilar regulations are to be applied for printmedia also to avoid paid articles.
(vi) The political activists should be givenadequate opportunities to take their partyideology to the public.
(vii) Removing of flags voluntarily hoisted bysupporters on their houses on the order ofElection Commission will amount to taking awaythe right of a citizen in India.
(viii) Curb on public meeting, street meeting and
street corner meetings, artistic campaigningshould be eased so that the political parties andcandidates can convey their messagespowerfully.
(ix) Stated that harsh actions by authorities may
53
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
54/117
leads to lesser number of persons coming to thepolling booths. It is also stated that a sense offear is being created by such unreasonableactions of the authorities. Now by virtue of suchdrastic implementation, the dynamics of theelection process is lost.
Following suggestions are made for the conductand better management of elections :-(i) In order to avoid bye-elections, it has beensuggested that the candidates should not beallowed to contest from more than oneconstituency in an election.
(ii) Making false declaration in election affidavitto be made an offence and they should also befrom contesting any election for 10 years.
(iii) Allow negative or neutral voting.(iv) Ban of publication of exit/opinion polls resultstill voting is over for all phases.
(v) The Election Commission must be entrustedwith powers to punish the errant politicians whotransgress and violate the electoral laws.
(vi) There should be a provision for paper backupfor the EVMs in the form of physical print out of
every vote for the voters as anacknowledgement that their vote has beenrecorded properly.
(vii) Elections should be held in maximum threephases.
Conduct andbettermanagement ofelections
54
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
55/117
(viii) Compulsory voting system to be adoptedwith stipulation that no government facilities willbe extended to him if he has not voted.(ix) Single window to sanction permission forgrant of vehicle/loudspeakers/policepermission/municipal authoritypermission/grounds etc., instead of severaldifferent authorities.(x) Conducting simultaneous elections for bothParliament and Assembly.
(xi) Need to improve electoral rolls and makevoter registration and verification simple, easyand locally accessible throughout the year atdesignated dates. Local post office can be the
nodal agency for this purpose.(xii) Common electoral rolls for all elections andshould be updated.
(xiii) Compulsory publishing of the Auditedaccounts on a Half yearly basis in the publicdomain and for that the same can be hosted onthe Election Commissions website.(xiv) Filing of Assets/Liabilities statement to be
replaced with filing of CA Balance Sheet &receipts and payment account at the time ofnomination and also every year. Individual &separate set of documents for each familymember of the Contestant to be filed. Also to filedetails of association with any company/firm/HUF
Regulation of
political parties
Audit andfinance of
55
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
56/117
of himself & family members and all freshinvestments in such companies/firm in excess of10 crores to be informed to Election Commissionon regular basis.The Election Commission should be strict ongiving recognition to new political parties in themanner that certain numbers of primary
members are needed to form a political party.
(i) Every party to declare/file balance sheet,receipts and payments account in nationaldailies
(ii) Compulsory audit and filing of accounts ofparties with Income Tax Department.
More punitive provisions to deter defection mustbe enacted. If there is finding that a man isdisqualified under the defection law, then theseverity of repercussion must be such that itcosts him his political carrier. The Legislationmust explain and clearly and specify that allconduct of joining a political party or leaving apolitical party must be taken into considerationwherever it may occur whether inside thelegislative hall or outside. The law must be
reformed and modified so that at least a twoterm ban from political activity or contest inelections should be recognised. Therefore, thesuggestion is as under:-
Independent candidates may be given an option
political parties
Review of anti
defection law
56
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
57/117
to join a political party. If so required, choiceshould be exercised within 6 months.Constitutional changesFixed tenure of the elected legislative bodieswith no-confidence motion followed by aconfidence motion. In case none of the parties orcoalition is able to form a Government on itsown, the members of the House should together
elect an Executive Head among themselves andform a Cabinet that has representation frommembers of all political parties on the basis ofthe number of sets they have secured in theelections and this Cabinet will have a minimumof half period.
55. Communist Party ofIndia (Marxist),Karnataka State
Committee,No.37 A , 8th Cross,Mahalaxmi Layout,Bangalore 560 086.
CommunistParty of India(Marxist,
KarnatakaStateCommittee,
Party is agreeable to insert a new section in theRP Act, 1951 to make declaration of assets andcriminal cases pending against the candidates.
Stringent punishment of minimum two yearsimprisonment for concealing or providing wronginformation can also be agreed upon. However,not agreeable to the proposal made in para 4.2of the background paper as this provision can bemisused.
(i) Supported the State funding of elections bygiving materials such as poster, pamphlets,vehicles etc. The candidates should not beallowed to spend more on this. The quantity of
such materials should be fixed in every electionfor all national parties and state parties. Till suchdecision is taken, official limits for electionexpenditure may be raised from time to time.
(i) Opposed to the audit the assets and liabilities
Criminalisationof politics
State fundingof elections
Auditing andfinance of political parties
57
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
58/117
of political parties as this may lead tointervention in the affairs of a particular politicalparty by the administration of ruling party.
(ii) Suggested that the proposal to conductauditing by a firm approved by CAG may lead tofavouritism. Instead they have stated that theauditing
accounts of the political parties can be publishedfor the consumption of the public. At the sametime, the amounts of candidates and parties canbe monitored through a system of checking andcross checking, through the income tax returnsfiled by them.
(i) Agreeable to allowing a voter to express hisopinion rejecting all the candidates by selecting
None of the above option.
(ii) There should not be any curb on wall writing,posters, buntings and banners, flags, etc. Thispropaganda material helps the political parties toreach large number of people with low cost. Thecampaign period should not be reduced.
(iii) There should be mechanism to curb themenace when one elected person resigns from
one party and again seek election from the sameconstituency.
(v) Welcomed the pproposal to prepare commonrolls for all elections - parliament, assembly,panchayats etc.
Conduct andbettermanagement ofelections
58
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
59/117
Suggested that Government employees shouldbe entrusted with the task of electoral rollpreparation and local representatives of national-and state parties must be involved.
(vi)The proposal to provide with a unique bar-coded ID number can be tried.
(vii) To put an end to the rigging andintimidation the Election Commission should begiven the power under section 58A ofRepresentation of the People Act 1951 to order afresh poll on the basis of the report of thereturning officer.
(viii) The security deposit for independentcandidates may be increased to discourage thenon-serious candidates.
(ix) Proposal for restrictions on Governmentsponsored advertisements is welcome.
(x) Proposal for amendment of law to provide forfiling of election petition even against defeatedcandidates on the ground of corrupt practice isagreeable.
(xi) Agree with the recommendation forrestrictions on opinion polls.
(xii) Campaign during the last 48 hours beforethe Poll: House to House campaign bycandidates/supporters must be allowed. Otherrecommendations are agreeable.
(xiii) Agree to the recommendations on (a) Falsedeclaration in connection with election is to betreated as offence; (b) to enhance the
59
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
60/117
punishment for electoral offences; (c)Expenditure ceiling on council elections.
(xiv) It is suggested that all such utsav's exceptusual festivals by any religious groupsmust be banned at least 6 months before theelection process starts.
(xv) Suggested to annul the practice of modelcode of conduct for whole district when there isany bye-election for one taluka or block.
It is necessary regulate the non-serious politicalparties which do not contest the election forseveral years. However the criteria should bestatutorily fixed instead of blanket powers toElection Commission.
Regulation ofpolitical parties
56. Shri DeepakGupta,General Secretary,Smast BharatiyaParty,
SmastBharatiyaParty,W 6/5, DLFCity,Phase III,Gurgaon 122 002.
It is suggested that the registered parties cannotbe allotted permanent symbol.
Conduct andbettermanagement ofelections
57. Shri Rahulkadiyan,
1. Voting rights to be given to army personnels.
2. Provision to be given for casting vote throughinternet.
Conduct and
bettermanagement ofelections
60
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
61/117
58. Shri Bhim SinghSaini,395, Sector 2,Urlene Estate,Kurukshetra -136118.
Suggested to amend the Representation of thePeople Act, 1951 to insert anew section 4A aftersection 4 to make declaration of assets andcriminal cases pending against the candidate asa part of the qualifications necessary formembership to the House of People.
1. There should be a provision for negative
voting or neutral voting.
2. Ceiling on official limits for expenditure shouldbe rationalised from time to time.
3. There should not be curbing in the cost ofcampaigning and the period of campaign shouldnot be reduced.
4. Agrees with the proposal that a candidate
should not be allowed to contest election for thesame office from more than one constituency.
5. There hall be a common electoral roll for allelections.
6. Power to be given to Election Commissionunder section 58 A of the Representation of thePeople Act, 1951 to order a fresh election or re-poll on the basis of the report of returningofficers about booth capture or intimidation of
voters.
7. Increase the security deposits for proliferationof candidates.
8. The Chief Election Commission Office should
Criminalisationof politics
Conduct andbetter
management ofelections
61
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
62/117
be under the jurisdiction the ElectionCommission. Officers working in various Statesto be brought under the jurisdiction of theCommission.
9. Suggested that the budget of the ElectionCommission should not be charged.
10. Agreed on restrictions on governmentsponsored advertisements.
11. Agreed for providing restriction on thenumber of seats which one may contest.
12. Agreed for amendment of law to provide forfiling of election petition even against defeatedcandidate on the ground of corrupt practice.
13. Agreed for restriction on opinion polls.
14. Agreed on prohibition of house to housecampaign during the last 48 hours.
15. There should be a ban of three months ontransfer of officers likely to serve election duties.
16. Agreed for the recommendations in makingfalse declaration an offence.
17. Agrees in enhancing punishment for electoraloffences.
18. Agrees for the expenditure ceiling forelection to Council constituencies.
62
i h d i i f
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
63/117
19. Agrees with recommendations on misuse ofreligion for electoral gain by political parties.
20. Disagree with the use of totaliser machines.
21. Agrees with re-examination of the provisionof Teachers and Graduates constituencies.
22. Suggested to increase the period ofdisqualification for failure to lodge electionexpenses.
Suggested that there should be some type ofregulation to restrict political parties
Disagree with the proposal to audit the assets
and liabilities of political partiers by a SpecialAuthority. It is suggested that the amounts of thecandidates and parties can be monitoredthrough a system of checking through incometax return filed by candidates, parties and theirwell wishers. It is stated that the proposal to getthe auditing done by a firm of auditors approvedby the Comptroller and Audit General will attractunnecessary complications and leads tofavouritism and bureaucratic intervention intothe affairs of political parties.
There should be State funding of elections. Thecandidates should not be allowed to use morethan what is provided by the State.
Regulation ofpolitical parties
Audit andfinance of political parties
Funding of elections
Review of anti-defection law.
63
-
7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received
64/117
Suggested to incorporate a provision that thedecision on anti-defection matters should betaken within a period of three months.
59. Shri S.K.Setia 1. For the help of illiterates, affix photograph on
the ballot paper for identification of candidates.
2. Election should be held under Presidents Ruleas mere presence of political parties in powercreates pressure on bureaucracy who avoidsaction against ruling party candidates.
3. Privileges to candidates to be withdrawn.
4. No funding by companies as they are
ultimately taking it as investment expecting areturn.
Conduct and
bettermanagement ofelections
60. Shri PrashantHamineSpecialCorrespondentGfiles MagazineMumbai
1. Concealing or providing wrong infor