Dear Students
Kindly go through the given information and get ready for tomorrows class:
Most important steps involved in election Procedure in India are: 1. Formation of Constituencies 2. Filling of Nominations 3. Scrutiny of Nominations 4. Election Campaign 5. Polling Personnel and the Polling 6. Counting of Votes and Declaration of Results 7. Submission of Account Relating to Election Expenses 8. Election Disputes!
1. Formation of Constituencies:
The Constitution lays down that after the completion of each census the allocation of seats in the Lok Sabha to States shall be readjusted. Similarly, the constituencies for elections to the legislative assemblies are also readjusted.
However, 42nd Amendment Act (1976) provided that until the figures for the first census after the year 2000 have been published, it shall not be necessary to readjust the allocation of seats to the States in the Lok Sabha.
2. Filling of Nominations:
The nomination of candidates is an important part of the election process. The regulations require that the candidate or the person who proposes his name files the nomination papers with the Returning Officer. In order to be chosen a member of the Rajya Sabha or the State Legislative Council, a person must be not less than 30 years of age.
For election to the Lok sabha or the State Legislative Assembly, a person should have attained an age of 25 years. A person is disqualified for being chosen as a member of any House, (i) if he holds any office of profit under the Government of India or of any State (The offices of Ministers or Deputy Ministers are not regarded as offices of profit for this purpose); (ii) if he is of unsound mind and stands so declared by a competent court; (iii) if he is an un-discharged insolvent; (iv) if he has ceased to be a citizen of India; and (v) if he is so disqualified under any law made by Parliament.
The Representation of the People act, as amended from time to time disqualifies a person from the membership of a Legislature:
(i) if he has been found guilty of certain election offences or corrupt practices in election; (ii) if he has been convicted and sentenced to transportation or to imprisonment for not less than two years; and (iii) if he has been dismissed from government service for corruption or disloyalty to the State.
In 1988 many other offences, such as cruelty towards women, were included among those which would cause disqualification for standing for election. But none of these disqualifications operates for a period of more than six years from the date of such conviction.
3. Scrutiny of Nominations:
The Returning Officer scrutinizes the nomination papers very carefully. When someone is dissatisfied, he is officially stopped from contesting election for six years. The candidates can withdraw their nomination papers even after they have been found in order.
Every candidate standing for election to the Lok Sabha or to State Legislative Assembly has to make a security deposit of Rs. 10,000 arid Rs. 5,000 respectively. In case the candidate belongs to any of the Scheduled Castes or Tribes, the security deposit is reduced by half.
The security deposit of such candidates as have obtained less than one-sixth of the total number of valid votes polled is forfeited.
4. Election Campaign:
Techniques of election campaign and the tools employed by the parties and the independent candidates are many:
(i) Election Manifesto:
The parties issue their Election Manifestoes. A Manifesto is a Statement of great significance. It is “a formal Statement of the programme and objectives of a political party” It deals with issues such as restructuring of Centre-State relations, guarantees to religious or linguistic minorities, justice and judicial reforms, fiscal reform, economic growth, social justice, problems of the handicapped, health, nutrition, education, defence and world peace. The Manifesto contains programmes and promises, with a view to attract the largest number of voters.
(ii) Electioneering (Activities and Techniques to Persuade Voters):
The parties and the candidates usually make use of these techniques in order to carry their message to the voters (a) public meetings and rallies are organised and processions taken out. The party leaders, especially the crowd pullers, are assigned the task to address public meetings; (b) the street corner meetings are held; (c) the candidates, along with the influential persons of the area, do door-to- door canvassing; (d) new slogans are coined to attract the masses; (e) advertisements are released to the press (the popular daily and weekly newspapers); and (f) the Radio and the Television are pressed into service to broadcast the speeches and panel-discussions of leaders of various parties.
Now-a-days electronic media plays the most effective role in creating people’s awareness about programmes of the political parties. The party leaders give a series of interviews to newspapers and television agencies. Wide coverage is being given to all these events at regular intervals.
5. Polling Personnel and the Polling:
The election campaign must be stopped 48 hours before the time when poll concludes on the polling day.
Presiding Officer supervises the whole of the polling process and ensures that all persons working under him adhere to the electoral norms and practices.
The voter records his vote either by placing the seal-mark against the name of the candidate he wants to vote for or by pressing the button of the voting machine.
6. Counting of Votes and Declaration of Results:
After the polling has ended the ballot boxes or the voting machines are sealed and carried under custody to the counting stations. Then the process of counting the votes begins. In 1979, the practice of booth-wise counting of ballot paper was revived.
It was done on the instance of the parties which insisted on knowing the voting pattern so that they could woo the voters and work vigorously in the areas where they were weak. Booth-wise counting was preferred for one more reason.
The parties felt that by doing so it would be easier to detect rigging and take necessary action. However, there is no hard and fast rule as to the counting of votes and the Election authorities are free to mix up the ballot papers from all the booths, if the feel that it ensured secrecy with regard to the pattern of voting. The candidate who obtains the highest number of votes is declared elected.
7. Submission of Account Relating to Election Expenses:
The law fixes the maximum limit of the expenses to be incurred by various contenders on their election. In 1998, the limit of election expenses for an Assembly election in most States was raised from Rs. 1.50 lakh to Rs. 6 lakh.
It was enchanced from Rs. 4.50 lakh to Rs. 15 lakh for a Parliamentary contest. The candidates are required to file an account of the election expenses. It is a corrupt practice for a candidate to spend more money than the prescribed amount on his election.
8. Election Disputes:
The Constitution had originally provided for the appointment of Election Tribunals for deciding disputes arising in connection with elections. The Nineteenth Amendment Act (1966) abolished this provision and laid down that the election disputes would be decided by the High Courts.
