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EC seeks legal powers on cases of bribe for votes

Section 58A was introduced in the 1980s when booth-capturing was rampant during elections

Policy Pulse
Publish Date: Jun 6 2016 12:42PM | Updated Date: Jun 6 2016 12:42PM

EC seeks legal powers on cases of bribe for votes

Chief Election Commissioner, Nasim Zaidi

 
 
The Election Commission is set to write to the Law Ministry seeking legal powers to countermand polls in case there is credible evidence of use of money to bribe voters.
 
The move comes against the backdrop of a recent sting operation that purportedly showed a group of MLAs from Karnataka demanding money, in crores, for supporting a candidate in the coming Rajya Sabha elections.
 
Earlier, the EC, in an unprecedented step, was forced to cancel elections to two Tamil Nadu Assembly seats, Aravakurichi and Thanjavur, on the ground of voters being bribed with money during the recent campaign.
 
According to sources, the EC is preparing a proposal seeking an amendment to Section 58A of the Representation of the People Act, 1951, which empowers the poll watchdog to adjourn or cancel elections on the ground of booth-capturing. 
 
We want the government to either tweak this provision or introduce a new one through which the EC can also revoke any election (Assembly, Lok Sabha, Rajya Sabha etc) if money has been used to influence voters, said an official, who did not wish to be identified.
 
Section 58A was introduced in the 1980s when booth-capturing was rampant during elections in many parts of the country. “Booth-capturing has come down drastically with the use of electronic voting machines. But with changing times we are faced with newer challenges that vitiate the polling atmosphere. Misuse of money is the biggest hurdle we face in conducting free and fair elections,” the official added.
 
According to the EC, the total seizures from the two Tamil Nadu constituencies where elections stand cancelled amounted to Rs 7.12 crore cash, 429.24 litres of liquor and 33.256 kg of silver worth Rs 9 lakh at Aravakurichi, and Rs 75,20,850 cash and 2,145.12 litres of liquor at Thanjavur constituency, up to May 15, apart from one lakh saris and dhotis each by the two parties.