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Indian polity : Criminal record holders disenfranchised

	August 08, 2005

In a blow to persons with criminal antecedents, the Election Commission has directed the Bihar Government to delete from the Electoral Rolls the names of persons against whom non-bailable arrest warrants have remained unexecuted for more than six months. About ten thousand people will lose the right to vote and the consequent right to stand for election as a result. The immediate impact of the Election Commission decision will be seen in the coming Bihar Assembly elections as many people with criminal records will not be able to take part in the polls.

The Election Commission has also decided that if the plan is successful in checking the role of criminal elements in politics, it will be enforced in all future elections in the country.

In its directive, the EC said the indication on persons against whom NBWs have not been executed is that they are not ordinarily resident, at least for six months, at their given addresses. Hence such names should be deleted by EROs under Section 22 of the Representation of the People Act.

The EC asked the State Government to provide a complete list of all such absconders - complete with details like residential addresses - to the Chief Electoral Officer by August 19.

It stated that the basic qualification for contesting elections to Parliament or State Legislatures is that the person must be registered as an elector in a constituency. And to be a voter, the person has to be a resident of that constituency. “A person who is absent from his given address for long periods and is not available to or traceable by the police and agencies entrusted with the task of executing the NBW, be presumed to be not ordinarily resident at that address,” the EC order states.

In such cases, the EC observed that the person concerned cannot claim that his name should continue to be registered in the electoral roll at the mentioned address.

In Bihar, sources said that DGP sent wireless messages to all SPs asking them to submit status papers on the execution of warrants in their districts within a week.

According to EC sources, over 23,600 NBWs remain unexecuted in Bihar.

Observers say that the Election Commission decision may not in all cases result in criminals not contesting the elections, but at least they will have to surrender if they want to become candidates. In the last Assembly elections earlier this year, several alleged criminals contested the elections after surrendering when they had to file the nomination papers. Some of them were elected also.

In another move to ensure a free and fair poll, the Election Commission has directed the Bihar Government not to transfer District Collectors and other officials engaged in election-related work without its consent. Without making a reference to the recent controversial transfer of 17 district Superintendents of Police, the Commission said, “No District Election Officer (District Collector) and Deputy Collector in charge of elections, Electoral Registration Officer and Assistant Electoral Registration Officer involved in election-related work should now be transferred without the consent of the Commission.” It said the Commission had taken the decision as District Collectors were engaged in the important electoral activity of overseeing the Electors Photo Identity Card programme.

Taking note of news reports of transfer of SPs, including those of Siwan and Patna, the Commission asked the State Government to strictly follow its earlier directions of expediting the execution of non-bailable warrants that were pending in the state in large numbers and conducting special search operations to unearth illegal arms.



Chief Secretary resumes work

State Chief Secretary G.S. Kang who had proceeded on long leave in protest against the transfer of police officers without consulting him, resumed work on Friday, August 5. He is reported to have been assured by Governor Buta Singh that his position would not be compromised.

“My differences with the Governor have been sorted out. He has assured me that my position and prestige will not be compromised,” Kang said.

The patch-up comes a day after Kang said, “I am not concerned over the transfer of IPS officers. But, I want an assurance from the Governor that I will not be bypassed.”



NDA maintains pressure for early Bihar polls

In a related development, the National Democratic Alliance (NDA) continued to press for early Assembly elections in Bihar. A delegation of the NDA led by Bihar JD(U) leader Nitish Kumar, met the Election Commission on August 3 and pressed for early elections and effective steps to ensure a free and fair poll. They urged the Election Commission to keep a watch on bureaucratic transfers in the state.

Terming as “doctored” reports of the Bihar administration that polls could not be held before October or November, the six-member NDA delegation asked the EC to hold elections in Bihar as early as possible, preferably in September this year.

“Elections have been held without problem in Bihar in September before also. The administration had earlier said that the poll could not be held in July because floods were likely, but now we have seen that no such thing happened,” Kumar said.

He also pressed for the inclusion of officials from Central Government and other stats in preparation of voter cards, but added that it could not be used as an excuse to delay the poll.

The JD(U) leader suggested that the EC observers and all political parties be consulted before declaring any polling booth sensitive or hypersensitive.

Leaders of the NDA also met President A.P.J. Abdul Kalam to protest against the actions of Bihar Governor Buta Singh in transferring a number of state Government officials. The NDA delegation which met the President was led by BJP president L.K. Advani and NDA convener George Fernandes. Advani later told newspersons that they had demanded Buta Singh’s recall. He said the Bihar administration being run in the name of the President was being manipulated by Rashtriya Janata Dal chief Lalu Prasad Yadav.

Meanwhile, Parliament has approved the extension of President’s Rule in Bihar by another six months. The NDA-led opposition walked out in the Lok Sabha which adopted the resolution by voice vote. The House also rejected the Opposition-sponsored motion expressing concern over the deteriorating law and order situation in Bihar. The motion moved by JDU leader Nitish Kumar was defeated with 172 votes against it and 100 in favour of it. This was the first division on any motion discussed by the 14th Lok Sabha. Earlier, the Rajya Sabha also witnessed a walk out by the NDA on Monday, August 1, when the House approved the extension of President’s Rule in Bihar.

Speaking during the discussion, Opposition members demanded the Governor’s recall and effective action to improve the law and order situation in the state.

Meanwhile, the Congress has not succeeded so far in getting its main allies in Bihar. Lalu Prasad Yadav’s RJD and Rambilas Paswan’s Lok Janshakti Party (LJP) to come together to unitedly fight what it calls “the communal forces.” Paswan has again made it clear that his party will remain equidistant from the BJP and the RJD. Some of the smaller parties are trying to form an anti-RJD Third Front. Paswan is reported to have started negotiations with CPI general secretary A.B. Bardhan in this connection. Samajwadi Party chief Mulayam Singh Yadav is also reported to be trying to fish in troubled waters and has expressed interest in joining hands with an anti-RJD, anti-BJP Third Front.

Observers say that the Third Front move will divide the anti-NDA vote bank and make the task of Railway Minister Lalu Prasad Yadav’s RJD of coming back to power that much more difficult.