April 3, 2006
Press Release
A
Left parties delegation comprising of
Shri Prakash Karat, General Secretary of the CPI(M), D. Raja, Secretary,
CPI, Abani Roy, Secretary, RSP and Nilotpal Basu, Member of the Central
Secretariat of the CPI(M) met the Election Commission and submitted a memorandum
regarding issues pertaining to the assembly elections in West Bengal.
The full text of the
memorandum is being released to the press.
April 3, 2006
The
Chief Election Commissioner
Election
Commission
Nirvachan Sadan
NEW DELHI
Dear
Shri Tandon,
We
would like to draw your attention to certain issues pertaining to the
forthcoming assembly elections in five States.
Some of the issues we intend to raise have implications which go beyond
the current series of assembly elections and hold good for the election process
in general and are relevant to the whole the country.
The
Election Commission has been making efforts to ensure that poll expenses are
kept within the limits and use of money power discouraged. In the light of this,
the ban on wall writings, putting up posters and banners in any public or
private place in the whole state of West Bengal, is uncalled for. This has been
done by extending the jurisdiction of a local law (West
Bengal Prevention of Defacement of Property Act, 1976) applicable to the city of
Kolkata, to the whole state of West Bengal. However, similar approach was not
taken in the case of Tamilnadu (PTI dispatch of CEC’s press conference
appended).
In
fact, this has led to the denial of a cheap mode of campaign for the political
parties. In place of this, no other cost-effective method of propagating the
election symbol, the names of the candidates and other relevant content has been
put forward. You will agree that that people’s participation in the election
process is the essential core of our democratic system.
The political parties play a crucial role in ensuring people’s
participation. Unless political
parties are provided with the wherewithal to approach the people, the very
essence of this democratic exercise gets undermined.
We would also like to point out that the first phase of the elections in
West Bengal is scheduled to be held on 17th April and because of the
stricture on the use of microphones for public meetings till 13th
April 5.00 p.m., the opportunities of reaching the people in large numbers is
severely constrained. We hope you will consider this vital question because this
issue has wider ramification for the future of the electoral process in the
country.
On
the question of the revision of electoral rolls, much clamour has accompanied
the exercise of revising the electoral rolls for the West Bengal assembly polls,
2006. It has been rightly stated by
the Commission, at different points of time, that revision of electoral rolls is
a continuous affair. Therefore, we
place before you for your
consideration that revision of electoral rolls should be carried out every year
intensively through persons now termed as “local officers” in West Bengal
for a month and the revised updated rolls should be published every year.
This should not be a problem, given the fact that the Commission has
already taken initiative to establish the electoral authorities for each State
as a separate entity. This, in our
opinion, should be an extremely welcome step to make the electoral rolls
flawless and contribute towards the holding of a free and fair polls, as a
flawless electoral rolls is one of the major foundations for a free and fair
poll.
The
third major point that we would like to emphasise is the need for
smooth coordination between the Election Commission as an independent
constitutional body and the State government for the holding of elections.
As you are aware, the Constitution empowers the elected State governments
to be responsible for the law and order of a State at all times, including, at
the time of elections. While there
can be no question about the pre-eminence of the Election Commission in ensuring
that the law and order machinery is not misused for influencing elections, a
perfect coordination and liaison with State administration is of equal
importance. In the wake of the
impending assembly elections, it has become important to ensure such a
coordination, particularly in the State of West Bengal.
We have been given to understand that the Commission has decided that the
entire security arrangement within the polling premises will be under the charge
of the electoral authorities and the State administration will only be informed
about decisions taken by the electoral authorities. Given the fact that a large number of security forces from
outside the State will be exclusively responsible for maintenance of law and
order within the poll premises, communication (given the language barrier) may
become a major problem. Therefore,
we urge you to ensure specific guidelines where the State police administration
can play a coordinating role in overcoming any untoward incidents
The
fourth issue arises out of the guidelines for the functioning of the observers.
The Commission has opined under Section 20B sub-section (2) that “the observer
nominated under sub-section (1) shall have the power to direct the Returning
Officer for the constituency or for any of the constituencies for which he
has been nominated, to stop the counting of the votes at any time before
the declaration of the result or not to declare the result if in the opinion of
the Observer, booth capturing has taken place at a large number of polling
stations or at places fixed for the poll or counting of votes or any ballot
papers used at a polling station or at a place fixed for the poll are unlawfully
taken out of the custody of the Returning Officer or are accidentally or
intentionally destroyed or lost or are damaged or tampered with to such an
extent that the results of the poll at that polling station or place cannot be
ascertained.” In our opinion the basis for ascertaining “booth capturing
has taken at a large number of polling stations” is not clear, transparent and
self-explanatory. This could often
be open to subjective interpretation. In
our view the physical act of booth capturing is a major incident which can be
ascertained and recognized as such with the otherwise available provision and
arrangements that are available with the Commission on the polling day itself.
Therefore, it is necessary to either do away with this provision
altogether or describe the basis under which the Observer can exercise this
option with a more transparent and objective basis so that the apprehensions of
subjective interpretation may be put to rest.
We
would also like to bring to the attention of the Commission certain developments
which are not consistent with the overall guidelines of the
Commission in the run up to the West Bengal assembly elections.
Attempts have been made by the All India Trinamul Congress and other
opposition parties to delete thousands of genuine voters’ names from the
electoral rolls on the basis of wrong information.
Unfortunately, there are instances where such attempts have succeeded. We are appending herewith a representation sent to you
earlier dated February 10, 2006 on behalf of CPI (M), West Bengal State
Committee to this effect.
We
also bring to your notice that the Observer, Shri R.N. Dash, in-charge of
Burdwan district moved around in the district to oversee the law and order
situation accompanied by a former MLA belonging to Indian National Congress and
a present MLA belonging to All India Trinamul Congress.
The said action of the Observer, can under no circumstances, be unbiased.
You were informed of this development through a letter dated March 9,
2006 by the West Bengal State Committee of the Communist Party of India
(Marxist). It has not been stated by the Commission as yet as to what
action has been initiated by the Commission against the said Observer for his
blatant partisan activity (letter and video CD annexed).
Similarly
the Observer in charge of Medinipur East district, Shri Deepak Prasad had
ordered stoppage of all development work under Panchayati Raj Institutions.
These works had been taking place under work orders issued much before
the elections were announced and the Model Code of Conduct had come into
operation. This is clearly
violative of the directions of the honourable Commission.
Flags are also being removed from Trade Union offices which is once again
violative of your directions. Shri
Prasad also summoned one Shri Ashis Pramanick on 5th March, 2006 at
10.30 p.m. and asked him to wipe out all graffiti or otherwise face legal
proceedings. The CPI(M) West Bengal
State Committee had already written to you on 9th March, 2006 (copy
annexed). However, we have not been
informed about the action initiated against Shri Deepak Prasad.
The
AITC, INC and BJP have been making allegations about large number of voters
terming them as Bangladeshis. We
are firmly not for allowing voting right to those who are not legitimate Indian
citizens. However, a number of
instances have come to our notice where, on the basis of unverified reports,
names of genuine voters have been struck off.
The CPI(M) West Bengal State Committee has already written to you on 15th
March, 2006 to this effect (letter enclosed).
This needs to be cross checked and removal of names of genuine voters be
stopped forthwith.
A
serious and unacceptable development has taken place on the question of attempts
by the AITC to get the names of Members of Parliament and former members being
struck off on the basis of false allegations.
Shri Alakesh Das, Lok Sabha Member from Nabdwip was sought to be dubbed
as a Bangladeshi, in spite of the fact, that he was elected in 2003.
Similarly, the name of former Lok Sabha member, from Contai, Shri Sudhir
Giri was struck off. And the
present Lok Sabha Member from Contai, Shri Prasanta Pradhan was served with a
show-cause notice. Shri Giri and
Shri Pradhan belong to Medinipur East district where Deepak Prasad was the
Observer. The West Bengal State
Committee of the CPI(M) has already handed over to you a memorandum dated 21st
March, 2006 in this regard. These
are violations which need to be immediately rectified and the steps initiated be
urgently communicated to us.
In
the same memorandum, attention has been drawn to the fact that the Commission
has stated that names will be deleted even after the publication of the final
rolls on 22nd March. We
are not clear as to whether the voters whose names will be deleted will, at all,
have the opportunity of being heard and if any genuine voter is disenfranchised
how it will be remedied. This point
also has been mentioned in the 21st March memorandum.
Finally,
there is a controversial attempt by some NGOs with questionable bona fides to
involve themselves in the electoral process.
The CPI(M) West Bengal State Committee has already informed this to the
Commission on 23rd March, 2006 and the Chief Electoral Officer on 25th
March, 2006 (letters enclosed). This
attempt is completely violative of the procedure of holding free and fair polls.
This needs to be checked urgently.
We
place all these facts before you for your urgent intervention and redressal.
However, we are constrained to point that there is an avoidable delay in
the response of the Commission in responding to most of these questions. The
Commission was informed some time back about these matters and such delays
should be avoided as the election process is on.
Sd/-
Prakash
Karat, General
Secretary, CPI( M)
D. Raja, Secretary, CPI
Abani Roy, Secretary, RSP
Nilotpal
Basu
