Messenger
To
The Secretary to the Govt. of India,
Ministry of Law & Justice
Legislative Department,
Shastri Bhawan,
New Delhi.
Sub: Proposal for insertion of new Section 58B in the Representation of the People
Act, 1951.
Sir,
I am directed to state that Section 58A of Representation of the People Act,
capturing in any polling station the Returning Officer shall report the matter to the
of the report and after taking all material circumstances into account, either declare
the poll in the polling station concerned void and order a fresh poll in that polling
station, or if t\',e Commission is satisfied that large number of polling stations are
involved in booth capturing and hence the result of the election is likely to be affected,
2. Section 58A was inserted in 1989 by Act 1 of 1989. At that point of time, , booth
and especially in the recent years, misuse of money power is seen to be having a
serious vitiating effect on the conduct of free and fair elections. There have been
several instances of seizure of large amounts of cash, liquor, narcotics, gift items etc,
"
from candidates/ their agents, political party workers, during the elections. Recently,
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of electors on behalf of some of the candidates by way of distribution of cash and gift
articles in the constituency, resorting to plenary powers under Article 324 of the
Constitution. There could be several caseswhich go undetected. Considering the
Section 58A, there should be a specific provision enabling the Commission to take
appropriate action including countermanding of election in the event of incidents of
(2) The Election Commission may, on the receipt of the report from the
Returning Officer under sub-section (I) or otherwise, and after taking all material
circumstances into account,-
(a) postpone the poll in the affected polling area or areas to such later date as the
Commission may deem appropriate in the facts and circumstances of the case,
appoint a fresh date, and fix afresh the hours, for taking poll in the said polling
area or areas, and notify the date so appointed and hours so fixed in such manner
as il may deem fit; or
(b) where the poll has already taken place in the affected polling area or areas on
the date previously appointed under clause (d) of section 30, declare the poll so
taken as void, aopoint a day, and fix the hours, for taking fresh poll in that polling
area or areas and notify the date so appointed and hours so fixed in such manner
as it may deem fit; or
(c) if satisfied that in view of the large number of polling areas involved in
incidents of bribery, the result of the election in the constituency is likely to be
affected, countermand ~he election in that constituency.
Explanation> (1) In this connection, "bribery" shall have the same meaning as
in clause (l) of section 123.
(2) In this section and section 58A, the expression "countermand the election"
shall mean rescinding of the entire electoral process in the constituencyab
initio so that the election in the constituency may be called anew in all respects".
Yours faithfully,
l~
(K.F. WILFRED)
PRINCIPAL SECRETARY
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Chief 51ection Commissioner of India
D.O. No. 3IERI2015
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m«r PtClM"I 3#4/41
Election Commission of In ia
25 July 2016
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NirvachanSadan. Ashoka Road, New Oelhi"O 001 ~/Tel: 011-23052323, 23052424 ~/Fax: 011-23052525
~-~/E-mail: nasimzaidi@eci.govin,
~/Website: www.eci.nic.in
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prompt action in this regard and atleast some of the proposals will be cleared for
appropriate amendments in the law.
for action on priority basis. These proposals are already with the Ministry.
(i) Proposal to add a new Section 58B in RP Act 1951, to enable the
dates (1st January and I" July) for the purpose of enrolment of 18 - 19
alternative voting options through proxy and postal ballot paper with
...Contd./-...
I ' .
-:3 :-
6. I would also bring to your notice that some of the proposals on electoral
reforms involve only amendments in the Rules which are to be carried out in the
Ministry of Law and Justice. In fact, on the Commission's proposals for simplifying
some of the Forms appended to the Registration of Electors' Rules, 1960, the
Commission was informed that the amendments had been examined and
may be brought out now so that the revised Forms can be circulated to the field
level for printing and use well before the next round of revision of electoral rolls is
taken up.
:;
7.
On behalf of the Commission, I would request you to kindly give your
personal attention for taking up and monitoring the reforms proposals for
concrete action.
Yours sincerely,
N <Un"':' ~J,.
(Dr. Nastm Zaidi)
Shr; Ravi Shankar Prasad,
Minister for Law & Justice,
Shastri Bhawan,
New Delhi.
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.DR. NAStM ZAIDI
Chief Election Commissioner of India
Election Commission of India
Ejection Commission of India (Et.I) for past several years bas taken up
with 1..<1\V Ministry the urgent need for electoral reforms with a view to further
enhancing {he purity of election process, My predecessors have also corresponded
with Law Ministry on this subject in the past. I enclose herewith a gist of the
updated pending proposals for your perusal and reference (Annex).
Earlier based on proposals submitted by Eel, Law Ministry along with .ECI
conducted regional consultations with stakdwldcrs. The national consultation the
last in the series could not he held.
4. You would kindly observe from rhe Report that while the majority of the
proposals and recouuncudanon, would require amendments in the Acts, there are
a few proposals which involve only amendments in the Rules, i.e the Conduct of
Elections Rules 196 L and the Registration of Electors Rules, 1960, to be done at
the Govt. level (Ministry of Law) only. r~CI considers that it would be appropriate
if proposals requ iring amendment 0 t' rules could be de-linked from those req uiring
amendments in Acts 1\)1 expeditious action on rules. IAI\V Ministry should also
examines on priority the proposals which require legislative sanctions in Acts.
With regards,
Yours sincerely,
'$To- ~~l'f-~ ,- - I
~-q}-~:Pt4l:q"t'~, -
DR. NASIM,ZAIDI"J' '
Chi~f Election-Cdmm(~s1onE!iJ of rrrdia '
to compare
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not be , correct
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booth capturing with allegations
..... _.
of bribery, a's the
,
latter-
would bea matter of .investigatlon arid proof: In this context,': would pbih(6uHh~t
• . .'. . - ( _' . . _', " 1\
everr.ln the case of booth- capturing, the Commission takes up fbHow up legal.action
" . " " r. .,'. '/ .' . - _ l
), -
. only iJ'fte(ver;ification .offactsand on its satisfaction as laid down under relevant-law.
..
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,.,same~~t,Jld b~th~ case on the is'sue,ofbrib~ry: While pros~cution;tOf,th~ crf~iral .
.side of the offence would. be a legal processwhich ~iII take its ?~n·t'~me'and'course; ..
. the Commission has to act in a,very limited time frame whid:lifdoes a(t~r serious"
fair and'factbased
'. - -
eriqulrvarrd vertfication-
.
Thus, the .Commi~~i6n does.not ~onside;
..
. ' "
.thi;lt;the two offences need to be looked-at dlnerentjy for th'e ~urpos~t otaction, by
. t~eCommission. . . , . . " (,_ .
., 4~ On' behalf of the, Commission, I would request you to kindly,revi~it the mat~er:.
.'~-
'-,
-~ -T_-~th'fegards;
-" , "~ " ,
" ~,Yo'tirssincerely,
, rJ~..; to.,.;: l"
,. (Dr. Nasim Zaidi) i
1-
Shri Ra~d~I)ankar,pr,~~ad,
Minister for ~lW & )ustice, ,:..
Shastri Bhawan,
NeW Delhi.
To
Sub: Proposal for insertion of new Section 5So in the Representation of the
People Act, 1951.
Sir,
electors in the last few years. Through the monitoring and preventive mechanism
put in place by the Commission through the ground level election machinery, large
quantities of cash, liquor, narcotics and other goods meant for distribution among
electors have been seized in the last several elections. A statement giving the
amount of seizure of cash and other goods during the last year's elections to the
/
legislative assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Puducherry
and also during the period of the recently held Assembly general elections in
Manipur, Goa, Punjab, Uttarakhand and Uttar Pradesh is enclosed herewith. These
figures are only indicative of the extent and seriousness of the issue as it is generally
felt that these seizures are only tips of icebergs and the law needs to be tightened to
place effective curbs on the misuse of money power vitiating the fairness of electoral
process. The Commission desires that the matter may be re-considered in the light of
these facts.
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are framed for offence of bribery and undue influence under Sections 171B and 171C
of the IPC, it is stated that such a provision will be another important step to deal
with the increasing incidents of bribery in elections. In the current round of bye-
elections, the Commission had to cancel the bye-election from Dr. Radhakrishnan
Nagar Assembly Constituency in Tamil Nadu (invoking powers under Article 324 of
electors on a large scale. Last year also, the Commission had to countermand
Tamil Nadu on finding that money-power had been used on extensive scale to allure
voters. Copies of each of these orders issued by the Commission invoking its powers
writ petitions were filed before the Hon'ble Madras High Court seeking
disqualification of candidates and other legal action against to those parties who
indulged in such illegal activities. The petitioners also prayed that the cost of holding
re-election in the constituencies may be recovered from the candidates and political
parties concerned.
choice, and is a very serious offence in the context of free and fair elections.
Considering the huge vitiating effect of the offence, the Commission is of the view
that this offence has to be put on a different pedestal as compared to other offences
relevant to point out that the law already puts the offences of bribery and undue
influence under Sections 171B and 171C of IPC on a higher pedestal in as much as
any conviction under these Sections automatically disqualifies the convicted person
for a minimum period of six years under Section 8(1) of the RPAct, 1951. Therefore,
the Commission reiterates the proposal that for the offences of bribery and undue
of people facing charges of br;bing electC'rs again contesting election even as cases
are pending against them.
5. The Commission desires that the view of the law Ministry on both the
proposals mentioned abovo may be reviewed a-id these may be taken up for
necessary amendments in the Act in ~he larger interest of free and fair elections.
Yours~ir;:"Y
.e:
Under Secretary
he amount of cash
Legislative Assemblies of Assam, West Bengal, Kerala, Tamil Nadu & Puducherry,
2016 (as per the consolidated reports of poll day) : _
Liquor Seizure 9.72 Lakh Litres Liquor worth Rs. 4.69 Crore
4. Tamil Nadu Cash Seizure Rs. 80.58 Crore by FS/SST and other Police authorities +
Rs. 31.74 Crore seized independently by Income Tax
Department = Rs. 112.32 Crore
Liquor Seizure 1.84 lakh Litres Liquor worth Rs. 3.23 Crore
- -. - ------------
~. Puducherry Cash Seizure
Rs. 6.61 Crore by FS/SST and other Police authorities +
Rs. 87.33 lakh seized independently by Income Tax
Department == Rs. 7.48 Crore
Liquor Rs. 52.76 lakh Iitres liquor worth Rs. 24.29 Crore
Gross Total
Seizure
Drugs 65260 KG drugs/narcotics worth Rs. 12.05 Crore
seizure
•
the Le islative Assemblies of Goa ManL ur! Pun ;ab, Uttarakhand & Uttar Pradesh held
in 2017 (AS ON 08.03.2017 Le. upto date of last poll) : _
SI. Name of State Seizure
No Particulars of seizures
1. Uttarakhand Cash Seizure Rs. 3.38 Crore
Liquor Seizure 1.01 lakh litres liquor worth Rs. 3.10 Crores
Drugs seizure 81 KG drugs/narcotics worth Rs. 37.23 lakh
Precious Metal -
Seizure
2. Punjab Cash Seizure 58.02 Crore
Liquor Seizure 12.43 lakh litres liquor & Lahan , all worth Rs. 13.36 Crore
Drugs seizure 2598 KG Drugs/ Narcotics (Heroin, Ganja and Capsules etc.),
all worth Rs. 18.26 Crore
Manipur
Seizure
Cash Seizure
Particulars of seizures
To
Sub:- Proposal for insertion of new section 58B in the Repr~sentation of the People Act,
1951.
***
Sir,
I am directed to refer to Election Commission letters' No.
3/ER/ECIILET/FUNC/JUD/2016/SDRlVOL-VII dated 24th April, 2017 on the above subject
and to state that the view of this Department regarding insertion of section 58B in the
Representation of the People Act, 1951, has already been conveyed to the Commission vide
Hon 'ble MLJ's letter dated 18-11-2016. Regarding disqualification of a person on framing of
charges against him for the offence of bribery in terms of section 171Band 171C of IPe, the
position has been indicated in this Department's letter of even number dated s" March, 2017.
Apart from this, as Election Commission is aware, the Ministry of Home Affairs is separately
considering a proposal for making bribery a cognizable offence. When implemented, this
would also act as a deterrent in this regard.
Yours tfullY'
y
(K.K. Saxena)
Deputy Secretary to the Government of India
Tel 23384603
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MINISTER OF
LAW & JUSTICE
and
ELECTRONICS & IT
r;>.O.No.H-1 1021,1 1,2016-Leg.l1
GOVERNMENT OF INDIA
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Room No. 402, 'A' Wing, Shastri Bhawan, New Delhi·110001.
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6. As for the proposal for insertion of specific provisions in the
Representation of the People Act, 1951 for countermanding elections in case of
bribery of voters, I may state that it may not be advisable to compare booth
capturing with allegations of bribery of voters since the circumstances are
incomparable. Allegations of bribery are always a matter of investigation and
proof. Besides, the Commission has been dealing with such situations in the
past under the powers vested on it under article 324 of the Constitution.,! ~ ;;,...s..-.I-
Therefore, it may be desirable to maintain status quo. ~
7. Regarding the proposal for amending section 60 of the
Representation of the People Act, 1951, relating to amplifying the voting
facilities available to armed force personnel and overseas electors, I may inform
you that Notification dated 21 st October, 2016 has since been issued facilitating
e-postal ballot system to overseas electors, in addition to voting in person as (...t/~~·
available now.
8. The proposal for dual qualifying dates for enrolment of voters has
already been agreed to in principle. The Home Ministry had initially supported
the proposal but subsequently conveyed that the matter needs to be re-
examined on the advisability or otherwise of engaging the States' administrative
machinery twice a year for the purpose. However, as recommended by the
Election Commission, action is being separately taken to amend relevant I/
provisions of the Representation of the People Act, 1950 to insert dual
qualifying dates for revision of electoral rolls.
9. As proposed by the Election Commission, simplified Forms as
appended to the Registration of Electors Rules, 1960 and the Conduct of ./
I
Election Rules, 1961 have already been notified on 16th September, 2016.
With regards,