navin jindal share law ministry document suggestions received

7/29/2019 Navin Jindal Share Law Ministry Document Suggestions Received

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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

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(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


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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

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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.


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(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

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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

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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

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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.


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.


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.


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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


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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.

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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,

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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.


Funding of elections

Review of anti-defection law

11. Election Representatives of all political parties of the Conduct and

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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


Audit andfinance of political parties


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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.

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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.


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

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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.


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.


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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


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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

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(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

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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.


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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


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

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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


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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.


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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


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.

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(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

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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

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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


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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


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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


Conduct and

better

management of

elections

29


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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


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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

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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


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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.

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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


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

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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


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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.


42. Shri B.P.Singhal

Secundrabad,

Andhra Pradesh.

9849010169

To make voting compulsory Conduct and

better

management

of elections

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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


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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.

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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

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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.

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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.

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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

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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.


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(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

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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



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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


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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.

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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


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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


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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



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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


Audit of financeof politicalparties

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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


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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

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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.


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(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

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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

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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


State fundingof elections

Auditing andfinance of political parties

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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.


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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

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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.


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.


57. Shri Rahulkadiyan,

[email protected]

1. Voting rights to be given to army personnels.

2. Provision to be given for casting vote throughinternet.

Conduct and


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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


Conduct andbetter


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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.

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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.


Audit andfinance of political parties


Review of anti-defection law.

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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


60. Shri PrashantHamineSpecialCorrespondentGfiles MagazineMumbai

1. Concealing or providing wrong infor

navin jindal share law ministry document suggestions received

Documents