Accusing ECI of favouring the party in power is not a new trend in Tamil Nadu

CHENNAI: Election Commission of India, the Constitutional authority that conducts the world’s largest democratic exercise, has always been at the receiving end of accusations. Time and again, opposition parties have targeted the Commission -- which has predefined powers -- of working in favour of the political parties in government.    

At times, these accusations were also because of the stringent approach taken by the body in implementing the Model Code of Conduct. This time around, however, the magnitude of such charges against the poll panel is much severe. Thanks to the popularity of social media, the general public, too, have jumped into the bandwagon.

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Both parties and public were critical of the Election Commission for not conducting the by-elections to 21 Assembly constituencies, which have been lying vacant for over a year. As the AIADMK needs to win at least eight seats to continue in power, the opposition parties blamed the poll panel of siding with the ruling parties, both in the State and Centre, and delaying elections. 

Besides, the Commission was also accused of denying symbols of choice to opposition parties, especially in the case of AMMK and VCK. Principal Opposition chief MK Stalin has publicly attacked the Commission for further delaying bypolls to Aravakuruchi, Ottapidaram and Tirupparankundram.

P Wilson, a senior DMK advocate, explains their apprehensions. “The Section 151-A of the Representation of People Act, 1951, clearly states that the Election Commission cannot defer bypolls for more than six months,” says Wilson. “This has been endorsed by the Supreme Court in at least three different judgments. So, the poll panel delaying the bypolls in this manner is not right.”        

Wilson also points out that there is no “legal embargo” onconducting elections to the remaining three constituencies. “There are no prayers in courts to defer polls to Tirupparankundram and Aravakuduchi. The case regarding Ottapidaram has been withdrawn and the information has been conveyed to the Commission. So their claims do not hold water.” Wilson says DMK is waiting for legal intervention in the matter, as the party has moved the Supreme Court.    

TTV Dhinakaran has similar issues with the poll panel. “The Commission rejected our plea to allocate the Pressure Cooker symbol, four months ago. On Monday, during the final hearing in the Supreme Court on the matter, instead of submitting in writing, the Commission told the court orally that they cannot allocate the symbol. As a result, the court posted the matter for hearing on Tuesday, the last date for filing nominations,” says Dhinakaran. 

What reforms are needed?

Retired Justice D Hariparanthaman recommends a change in the appointment process of the Chief Election Commissioner. “When it comes to decisions on bypolls and allocation of symbols, there is a chance that some Commissioners could be biased towards the ruling parties,” he says.  “To change this, the appointment process of the Chief Election Commissioners must the changed.”