Mains Practice Question

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Topic

Elections were adjourned in Madhya Pradesh’s Betul Lok Sabha constituency due to the death of a candidate. Regarding the above statement, what can the election commission do if normal polling process is disrupted?

 

Introduction:
 
A Simple Introduction about the Election Commission of India

The Election Commission of India (ECI) is a constitutional authority responsible for administering election processes in India at both the national and state levels. Established under Article 324 of the Indian Constitution, the ECI ensures that elections are conducted in a free, fair, and transparent manner, safeguarding the democratic process in the world's largest democracy.

Body:

You may incorporate some of the following points in the body of your answer:

India’s election laws offer a comprehensive framework to address disruptions in the polling process, whether due to damaged electronic voting machines (EVMs), booth capturing, natural disasters, or the death of a candidate. Provisions for repolls, adjournments, and the voiding of polls help maintain the integrity, transparency, and continuity of the democratic process. Recently, elections in Madhya Pradesh's Betul Lok Sabha constituency were adjourned following the death of a candidate.

Provisions for Fresh Polls Under Section 58 of the RPA

Conditions for Declaring a Poll Void

Under Section 58 of the Representation of the People Act (RPA), the Election Commission (EC) can declare the poll at a polling station void under the following circumstances:

  • (a) An unauthorised person unlawfully takes away any Electronic Voting Machine (EVM).
  • (b) An EVM is accidentally or intentionally destroyed, lost, damaged, or tampered with.
  • (c) A mechanical failure occurs in any EVM during the recording of votes.

Procedure for Declaring a Poll Void

In such scenarios, the Returning Officer (RO) must promptly inform the EC and the state's Chief Electoral Officer of the relevant facts and circumstances. Following this, the EC may declare the poll void and formally set a new date and time for the poll.

Notification and Voter Awareness

The contesting candidates or their election agents are then notified in writing. To inform voters, a notice is displayed in public areas, and an announcement is made by beating a drum in the polling area. All electors are eligible to vote in the new election. During the repoll, voters' left middle fingers are inked to differentiate from the mark made during the first poll.

 

Conclusion: 
 
The ending of the answer should be on a positive note and it should have a forward-looking approach.
 

India’s election laws ensure that the democratic process remains robust and fair even when unforeseen disruptions occur. By providing clear protocols for repolls and adjournments under Section 58 of the RPA, the Election Commission can effectively manage and mitigate issues, maintaining the integrity of elections. 

 

Other Points to Consider 

Booth capturing and natural disaster, other disruptions to polling are defined in which section of RPA?

Election Commission of India

Representation of People Act, 1951

 

Previous Year Questions

1. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)
2. In the light of recent controversy regarding the use of Electronic Voting Machine (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (2018)

 

21-May 2024
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