What Election Commission can do if normal polling process is disrupted

What Election Commission can do if normal polling process is disrupted

Subject: Polity

Sec: Elections

Context:

• The Election Commission of India (EC), under Sections 58(2) and 58A(2) of the Representation of People Act, 1951 (RPA), declared void the poll on April 19, in 11 polling stations of Manipur, and 8 polling stations of Arunachal Pradesh.

Circumstances when the normal polling process is disrupted — and the options before the EC in each case are as follows:

Intentional destruction, taking away of EVMs:

• Under Section 58 of the RPA (‘Fresh poll in the case of destruction, etc., of ballot boxes’), the EC can declare the poll at a polling station to be void if:
  • an unauthorized person has unlawfully taken away any EVM;
  • any EVM has been accidentally or intentionally destroyed, or lost, or damaged, or tampered with; or
  • a mechanical failure develops in any EVM during the recording of votes.
• The Returning Officer (RO) immediately informs the EC and the Chief Electoral Officer of the state about the relevant facts and material circumstances, after considering which, the EC can declare the poll void and formally fix the date and time for a new poll.
• The contesting candidates or their election agents are then informed, in writing.
• During the repoll, the voters’ left middle fingers are inked to distinguish between the mark made during the original poll (on their left forefinger).

Booth capturing:

• Booth-capturing, defined in Section 135A of the RPA, includes all or any of the following activities by any person or persons:
  • seizure of a polling station, affecting the conduct of elections;
  • taking possession of a polling station, allowing only his or their supporters to vote;
  • intimidating or threatening any elector and preventing him from going to the polling station;
  • seizure of a counting place affecting the counting of votes;
  • involvement of any person in government service in any of the above activities.
• Booth capturing is punishable for a term of not less than one year, which may extend to three years for lay people, and not less than three years, extending to five years for government servants.
• Under Section 58A (‘Adjournment of poll or countermanding of election on the ground of booth capturing’) in case booth capturing has taken place at a polling Station, the Presiding Officer of a polling station immediately closes the Control Unit of EVM and detaches the Ballot Unit(s) from the Control Unit under Rule 49X of the Conduct of Election Rules, 1961.
• The EC, based on the material facts, may
  • declare the poll at that polling station to be void and direct a fresh poll on a new date; or
  • countermand the election in the constituency in case booth capturing has taken place in a large number of polling stations, or if it has affected the counting of votes.

Natural disasters, other disruptions to polling:

• The Presiding Officer of a polling station can adjourn the poll at a polling station under section 57(1) of the Representation of the People Act, 1951, in case of:
  • a natural calamity like a flood, a severe storm;
  • non-receipt or loss or damage to essential polling materials like EVM, electoral roll etc;
  • interruption or obstruction due to any riot or, open violence;
  • non-arrival of the polling party due to obstruction or any other serious difficulty; or
  • non-commencement of the poll within two hours from the scheduled time due to malfunctioning of EVM, or any other reason.
• Contesting candidates or their agents are informed, and only electors who have not already voted before the poll was adjourned are permitted to vote.

Death of a candidate:

• As per Section 52 of RPA, amended in 1996, the poll shall be adjourned only in case of the death of a recognised political party’s candidate. 
• A recognised political party refers to either a recognised national party, or party recognised as a state party in the state concerned, for which the EC reserves a symbol under the Election Symbols (Reservation and Allotment) Order.
• The political party must make the nomination within seven days. 
• If the list of contesting candidates has already been published before the adjournment of the poll, a fresh list of contesting candidates is prepared and published, including the name of the candidate nominated in place of the deceased candidate.

About Representation of the People Act (RPA),1951:

Some Key Provisions of RPA,1951 are:

• It regulates the actual conduct of elections and by-elections.
• It provides administrative machinery for conducting elections.
• It deals with the registration of political parties.
• It specifies the qualifications and disqualifications for membership of the Houses.
• It provides provisions to curb corrupt practices and other offenses.
• It lays down the procedure for settling doubts and disputes arising out of elections.
• The Representation of People’s Act contains 13 parts (2 parts added as amendments).
• Each part is divided into different sections.

Section 58 in The Representation of the People Act, 1951 deals with fresh poll in the case of destruction, etc., of ballot boxes.

Section 58A in The Representation of the People Act, 1951 deals with adjournment of poll or countermanding of election on the ground of booth capturing