Spotlight
New Delhi, 13 April, 2017
By-Poll Or Buy Poll
System
Needs Shake Up
Dr. S.Saraswathi
(Former Director, ICSSR, New Delhi)
The Election Commission has
postponed the by-election to Tamil Nadu Legislative Assembly in R.K.Nagar
constituency in Chennai city scheduled for 12th April, on the ground
that the electoral process had been vitiated irredeemably. Evidence of
widespread bribery of voters and systematic cash distribution were received by
the Commission. It expressed its deep
anguish over the “sordid state of affairs” in terms and tone conveying that
stern actions against the culprits must follow.
The country has undergone many General
elections and by-elections, but none of them can beat the heated enmity
prevailing among the contesting parties or the vigour of campaigning in legal
and illegal ways. Tremendous cash flow
in the aftermath of demonetization and consequent cash crunch raises
several questions regarding election funds and their sources and availability
of hard cash.
Indeed, it seems to confirm that
election expenditure is a kind of investment for the candidates and parties that will yield sure and disproportionate
returns in no time.
What happened in R.K.Nagar is a blot
on Indian democracy, on voters of the constituency, the bribe-giving parties,
and the administrative machinery that has failed. Postponement of elections to
two Assembly seats, Thanjavur and Aravakurichi in the State last year has
obviously made no impact on the parties.
What is needed is not just cancellation of election, but
disqualification of erring candidates from contesting elections in future and
other suitable punishment for those caught in the act of bribing.
The responsibility of the
authorities today is not just conducting elections, but conducting them free of
malpractices. The cleansing operation
has to cover the voters also.
What causes
deep anguish is the fact that role of money and gifts in this election was being talked about
everywhere – in houses, workplaces, places of worship, markets,
and on roads. The outcome of the
election is certainly not going to change the party that will be in the seat of
power. In such a situation, the
intensity of the campaign only reveals that the result will have immense
political significance in a different way.
The Election Commission is reported
to have seized many types of articles like lamps, shirts and sarees, mobile
phones, vessels, gas stoves and other household articles, and more importantly
alcohol. Favours in the form of milk tokens, mobile phone recharge coupons are
said to have entered the constituency.
Local temples and festivals suddenly became important gatherings for
entertainment.
There were on the whole 62
candidates in the field, but not more than five or six are vocal and appear to
be serious. The number is the maximum
that EVM can hold.
By-elections are crucial for parties
with slender majority in the legislature. The Labour Government of James
Callaghan (1976-79) and the Conservative Government of John Major (1992-97) in Britain, which
faced tough competition in by-elections are cited as examples of important
by-elections.
By-elections are generally caused by
the death or resignation of an elected member. In India, voting irregularities
sometimes have led to by-elections.
Occasionally, defection of a member from one party to another
necessitated resignation of the member and conduct of a by-election. Under the Representation of People Act, a
candidate may contest from two seats. If
he or she wins both seats, one has to be given up and a by-election will have
to be held. Even strong leaders make use
of this provision as Mulayam Singh and Narendra Modi did in the Parliament
election of 2014. Indira Gandhi’s election in Chikmagalur after Emergency was
in a by-election. In 2011, Parliament member, Mamata Banerjee’s election to the
State Assembly of West Bengal created a vacancy in Lok Sabha to be filled by a
by-election. Seven Assembly seats fell vacant in Gujarat
recently when Congress members shifted loyalty to the BJP necessitating
by-elections.
In Tamil Nadu, the victory of the
newly formed ADMK created by the split of the DMK under MGR in a by-election to
Lok Sabha in Dindigul in 1977 brought a
big change in State politics. MGR became
a mass leader par excellence over night.
Thereafter, elections in Tamil Nadu became contests between two regional
parties.
Unlike General elections,
by-elections are not fought on any policy or issues. They are regarded as tests of the
popularity of the incumbent government. They are mostly contests between the
principal parties in the field and between the candidates. They are normally won by the ruling party or
ruling coalition or by the locally most influential candidate, if any.
The significance of R.K.Nagar
election is due to many factors. It has
been a stronghold of the AIADMK and the seat of Jayalalitha. After the recent split of the party, both
factions are anxious to capture the seat and thereby claim succession to the
legacy of the late CM.
In the process, real problems of the
constituency – environmental degradation, inadequate water supply, bad roads
and slums are forgotten even by the voters who seem to be content with some
ready cash. The regime of freebies has
really spoilt the mental make- up of people ready to forget serious issues. The
infamous “Tirumangalam Formula” of the DMK – the label by which cash for votes
is described and practised in by-elections held in 2009 has come to stay.
In Democratic Party system, results
of one constituency cannot decide succession to any right – whether name,
symbol, office, or positions. These
have to be decided according to party constitutions. The winner in the election can only become a
legislative assembly member.
However, in view of the tremendous
influence and “power” wielded by the candidate of one faction of the AIADMK which
is now in power, it is widely believed
that if he wins, he will easily get elected as the leader of the legislature
party and take over as CM. This way, this election is crucial only to
this candidate and his coterie.
The EC has acted promptly on
complaints and made elaborate arrangements for free and safe conduct of
elections. It is reported that thirty flying squad teams (instead of normal
three), 21 static surveillance teams (instead of three), 10 companies of
Central Armed Police Force (double the normal), and additional 10 video
surveillance teams were deployed.
According to reports, highest number of poll officers were appointed; 30
micro observers from neighbouring States were added to 256 posted in various
booths. IAS and IPS trainees from other States were invited for poll related
work.
Despite such heavy precautions,
malpractices could not be checked. Obviously, our system itself needs major
repair. Cancelling the election does not
give a permanent solution.
The EC has asked top leadership of
parties to exert their “moral influence and legal authority” to rein in their
erring candidates and election managers.
The well-meaning advice is futile where leadership itself has to answer
serious charges.
It is said that cancellation of this
election means a loss of at least Rs. two crore to the State Government. It can be avoided by tightening our law and
regulations and by stricter implementation. Therefore, what happened in
R.K.Nagar needs intensive probe so that the responsibility for the total
degeneration of the electoral atmosphere can be determined. ---INFA
(Copyright, India
News and Feature Alliance)
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