Election Commission introduces vote-from-home for citizens aged 85 and above

Election Commission introduces vote-from-home for citizens aged 85 and above

Subject: Polity

Section: Elections

Context:

• Senior citizens who are above 85 years and persons with disabilities can opt for postal ballots and cast their votes from homes.

More on news:

• There are 81,87,999 senior citizen electors above 85 years and 2,18,442 electors above 100 years in the country, as on March 10.

Votes from homes:

• The Election Commission of India (ECI) for the first time made available the facility of vote-from-home (VfH) through postal ballot for two different types of voters — persons aged 85 years and above, and persons with disabilities (PwD).
• The facility can also be availed by persons with more than 40 percent disability.
• Two polling officials, accompanied by a videographer and a security person, will visit the voter’s home and enable them to vote in a postal ballot.
• Voters will be informed in advance about the date and approximate time of visit of election officials by an SMS to the mobile number mentioned in the application.

Two visits

• If the elector is not present at the given address during the first visit under VfH, the polling team will inform about the schedule of their second visit.
• If they are not present even on the second visit, a further visit will not be entertained.
• Moreover, those absent during VfH will completely lose the opportunity to vote (through both VfH and EVM).

Form 12D

• Form 12D is a letter informing the Assistant Returning Officer that he or she is not in a position to go to the polling station to vote.
• The voters in the two categories must file Form 12 D with the Election Commission within five days of the release of the poll notification.
• The Union Law Ministry amended the Conduct of Elections Rules-1961 to change the definition of senior citizens who are eligible to choose the postal ballot facility from those “above 80 years” to those “above 85 years”.

Fresh tussle with Governor: Why Tamil Nadu has moved SC to have a minister reinstated

Context:

The Supreme Court on Monday agreed to hear a plea by Tamil Nadu seeking its intervention in reinstating K Ponmudy, a senior leader of the ruling Dravida Munnetra Kazhagam (DMK), as a minister.

More on news:

TN Governor Ravi refused to reinstate K Ponmudy, whose conviction was stayed by the Supreme Court in a disproportionate assets case earlier.

In December last year, Ponmudy was disqualified after the Madras High Court convicted him in a disproportionate assets case.

The disqualification:

• The Madras High Court on December 19 last year overturned a trial court verdict acquitting Ponmudy and his wife in a disproportionate assets case.
• The HC convicted the former minister and his wife and awarded them a three-year jail term, along with a fine of Rs 50 lakh.
• This decision by the High Court triggered Section 8(3) of The Representation of the People Act, 1951.

Section 8(3) of The Representation of the People Act, 1951:

• A person convicted of any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years after his release.

Stay of the conviction:

• On March 11, a Supreme Court Bench comprising Justices Abhay Oka and Ujjal Bhuyan, however, stayed the conviction and the sentence.
• The grant of stay by the SC essentially means that Ponmudy’s conviction is put in abeyance, or is suspended pending a final decision.

Larger tussle between Tamil Nadu govt and governor

• Article 164 (1) of the Constitution states that the Chief Minister shall be appointed by the Governor and “the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor”.

Disqualification of MP/MLAs:

Legal provisions regarding the disqualification of MPs/MLAs

• Disqualification of a lawmaker is prescribed in three situations.
• First is through the Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively.
• The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
• The second prescription of disqualification is in the Tenth Schedule of the Constitution.
• This provides for the disqualification of the members on grounds of defection.
• The third prescription is under The Representation of The People Act (RPA), 1951.
• This law provides for disqualification for conviction in criminal cases.

Under Representation of The People Act, 1951

• There are several provisions that deal with disqualification under the RPA.
• Section 8 of the RPA deals with disqualification for conviction of offenses.
• Section 8(1) of the act includes specific offenses such as promoting enmity between two groups, bribery, and undue influence or personation at an election.
• Section 8(2) lists offenses that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offense under any provisions of the Dowry Prohibition Act.
• Section 8(3) disqualifies a convicted person who has been sentenced to imprisonment for not less than two years.
• He is disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
• Section 9 deals with disqualification for dismissal for corruption or disloyalty, and for entering into government contracts while being a lawmaker.
• Section 10 deals with disqualification for failure to lodge an account of election expenses.
• Section 11 of the act deals with disqualification for corrupt practices.