Though the Election Commission’s decision to cancel the byelection in Dr. Radhakrishnan Nagar Assembly constituency following evidence of bribing of voters on a massive scale has been welcomed, it has triggered calls for bringing in strong electoral reforms to debar corrupt candidates from contesting again.
Last year, after the Election Commission put off the polls to Aravakurichi and Thanjavur Assembly constituencies twice due to large-scale distribution of money, three candidates — two from AIADMK and one from DMK who were accused of bribing voters — were fielded again and the ruling party won in both seats. This defeated the very purpose of deferring the polls.
In this backdrop, former Chief Election Commissioner N. Gopalaswami says it is time for the apex poll body to find how to disqualify candidates who are found guilty of bribing voters from contesting again. “Until the cases for electoral offences are over, the polls should not be held,” he contends.
There should be a separate law for managing all electoral issues in the country, including contribution made to political parties, candidates, their accounts and audit, feels another former Chief Election Commissioner T.S. Krishnamurthy. “All contributions should be only into National Elections Fund [that should be set up].”
‘Need for fast-track courts’
Mr. Krishnamurthy was also for replacing the first-past-the-post system with “proportional representation” in elections. “In the present system, a candidate who secures less than 20% of the total votes polled can win. This should be done away with so that many small parties which have caste as vote base can be kept out,” he said. “There should be fast-track courts which should try any electoral offence cases within a year,” he suggests.
Arappor Iyakkam convenor Jayaram Venkatesan says it was high time the Representation of People Act, 1951, was amended to include provisions to disqualify candidates found guilty of bribing voters by the Election Commission. “If the elections are held again and if the same candidates are allowed to contest, it would not make much of a difference. The Law Ministry has to come forward to make necessary amendments,” he says.
Mr. Jayaram feels intelligence gathering by the Election Commission should be improved so that searches could be conducted early and cash seized from candidates or their associates.
Incidentally, last month, the Union Minister of State for Law and Justice P.P. Chaudhary, while replying to a query in the Lok Sabha, said that the EC’s proposal for making electoral bribery a cognizable offence under Section 171B of the Indian Penal Code was under consideration of the government. “The draft formulation drawn up in this regard has been circulated to all stakeholders for their final vetting,” he had said.
