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EC holds all-party meet; Opposition wants ballot papers, cap on poll expense, but BJP doesn’t

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EC holds all-party meet; Opposition wants ballot papers, cap on poll expense, but BJP doesn’t

The Election Commission (EC) has said that it would provide a “satisfactory solution” to concerns of political parties about the electronic voting machines (EVMs).

Many opposition parties led by the Congress had demanded return to the ballot paper system at an all-party meeting convened by the EC.

Briefing journalists after the meeting with political parties, Chief Election Commissioner (CEC) OP Rawat said, “We will definitely look into all the suggestions given by them and there will be a satisfactory solution to them.”

Seven recognised national parties and 51 recognised state political parties were invited for the meeting. Out of the total 58 parties, 41 attended it.

In the meeting, several opposition parties raised the issues of EVM tampering and technical glitches in the voter verifiable paper audit trail (VVPAT) system.

Though EVM tampering and VVPAT glitches were not on the agenda, representatives of the Congress, Nationalist Congress Party, Bahujan Samaj Party, Samajwadi Party, Aam Aadmi Party, Trinamool Congress, Janata Dal (S), BJP’s estranged ally Shiv Sena, Communist Party of India, CPI-M and Forward Bloc raised the issue. Many of them also suggested going back to the ballot paper system, representatives of parties and EC officials present in the meeting said.

Some parties also suggested that the number of constituencies where results of EVM and paper audit trail device are matched be increased to enhance the confidence of voters and parties in the reliability of the voting mode.

“Nothing final has been decided yet, but one way to allay fears is to increase the number of constituencies where EVM and paper trail machine results are matched,” a senior EC functionary said after the meeting.

VVPATs are used in all polling stations. But as of now, results of EVMs and VVPATs are matched in one polling station per constituency.

Senior Congress leader Abhishek Manu Singhvi said the demand was made since there were doubts on the credibility of EVMs. He said the Congress’ stand was given in writing to the Election Commission (EC) many weeks ago and it was reiterated on Monday for the second time.

Singhvi said if the EC does not agree to revert to paper ballot, then it should adhere to the suggestion that in at least 30 per cent of the polling booths there should be paper trail of EVMs to check the authenticity of votes cast.

Responding to repeated questions on EVMs, Rawat said the EC takes a comprehensive view. “Some of the parties said going back to ballot is really bad as it will bring back booth capturing…we don’t want (that). At the same time, some parties said there are problems with EVMs, there are issues with VVPAT slip count so why not EC takes a call on this,” Rawat said.

Asked about the stand of the EC on EVMs and whether it remains the “same” as it was in the past, the CEC dubbed it as a “hypothetical question”.

In June last year, when the EC had invited parties to prove that the EVMs can be hacked, only two parties accepted the challenge but they too opted out of the event. As many as 13 parties had last year questioned the reliability of the EVMs.

Then Chief Election Commissioner Nasim Zaidi had maintained that the EVMs used by the EC were “non-tamperable” and with 100 per cent use of paper trail machines in all future elections the issue of tamperability of the machines “stands closed”.

The “failure rate” of EVMs in most elections has been 0.7 per cent, said a report in The Indian Express (IE).

EVMs were first used in election in India in May, 1982 in a Kerala byoll. But since there was no law prescribing its use, the Supreme Court struck down the election. The Representation of the People Act was amended in 1989 to allow use of EVMs. But a general consensus on its use was evolved only in 1998.

Over 11 per cent of the 10,300 VVPAT machines across 10 states had developed faults and had to be replaced during the bypolls on May 28 this year.

Cap on poll expenditure of parties – BJP lone opponent

The BJP was the only party that opposed a ceiling on election expenditure of political parties.

BJP general secretary Bhupendra Yadav, who, along with Union Minister JP Nadda, represented the ruling party at the meeting, told The Indian Express that since all political parties have to declare their expenditure in their income tax filings, “usmein kisi prakaar ki capping nahi lagai jaani chahiye (there should be no cap on that)”.

Yadav said elections should be based on issues, and not on caste lines or “muscle power” or “criminal power”. The parties, he said, “should not be restricted”, rather “usmein zyaada se zyaada prachaar karne ka avsar aur suvidha deni chahiye (parties should be given more opportunities and facilities to advertise)”. He said there should be transparency in “crowd-funding”. In a statement, the BJP said “ECI may moot for better transparency than limit the expenses”.

The Congress made a strong pitch for a ceiling on party’s expenditure and offered a formula: multiply the limit of an individual candidate’s ceiling with the number of candidates a party fields. It also suggested a ceiling on advertisements across all platforms.

Currently, there is a limit on poll expenses by a candidate in the Lok Sabha and state assemblies but there is no limit on the expenses made by a political party during elections.

“Unregulated party expenditure is a dangerous proposition… There should be a ceiling on the expenditure by political parties,” Singhvi said.

AAP’s Raghav Chadha said that funding of polls, “how one political party has unlimited amount of resources, how that should be looked into,” was part of the party presentation. He said the issue of an overall limit on party expenditure was raised by a “lot of political parties”.

“You cannot have that X candidate is spending only 5 lakh rupees but the BJP or Congress or whichever party is spending 500 crore in that constituency,” Chadha said, adding that the “entire election process gets vitiated, and there’s no level-playing field”.

The AAP leader also said “foreign companies through electoral bonds can fund political parties, that has serious national security implications”. The same issue was also mentioned by CPM’s Nilotpal Basu.

The Congress also raised the issue of electoral bonds, terming it “simply a legal channel for companies to round-trip their tax-haven cash to a political party”.

“The electoral bonds are yet another fraud (committed) on the nation… This is not a new stand. You are in fact legitimising anonymity; you are in fact legitimising large sums of money without even the scrutiny which happens today.”

“You are actually making it much worse… You are in fact legitimising humongous amounts of donation without revealing the name of the donor,” he said.

Publishing election-related matter 48 hours before polling

The Congress, along with some other parties, also supported inclusion of the print media in Section 126(1)(b) of the Representation of the People Act, barring publication of election matter within 48 hours ending with the hour fixed for the conclusion of polling.

However, the BJP — in its written response to an EC questionnaire — said the print media, State as well as national newspapers, should be exempted from silent period proclamations.

Fake voters

The party said the single biggest challenge before the EC was to check “fake and duplicate voters” on the electoral rolls, claiming that in Madhya Pradesh, 60 lakh were suspect duplicate/fake entries and in Rajasthan, it was about 45 lakh. Both states go to polls later this year.

The opposition party further demanded weeding out of all duplicate and false voters from the voters list to ensure a free and fair election.

The Congress said this is a national issue affecting all political parties and therefore strict compliance is necessary.

The party has said that a comprehensive verification of voters must be carried out, preferably door-to-door, before the 2019 general elections as well an action plan to deal with the same must be prepared by the EC.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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