Dissent in the EC

Ever since the elections to the 17th Lok Sabha were notified, the functioning of the Election Commission of India has been caught in controversy. To ensure a level political playing field and take steps to curb malpractices and slants, the EC should enforce the Model Code of Conduct (MCC). But this appears to be more on paper than in practice. Astonishingly, the “clean chits” to political leaders — in reality, one leader alone — despite violations and intemperate speeches, have been glossed over. In this context, the Chief Election Commissioner’s contention that the dissent in the EC is more to do with its internal functioning is not in consonance with the ground reality. It is obviously too little and too late in ensuring a free and fair poll (Page 1, “Ashok Lavasa pulls out of poll panel meetings on model code”, May 19). Even in the Supreme Court, minority and dissent opinion has invariably been made public. Then why not those of the EC’s? The EC’s conduct has marred and tarnished its reputation for integrity and impartiality which needs to be protected at any cost

Chandigarh

If it was an unprecedented move by four sitting judges of the Supreme Court to have addressed the media over allocation of sensitive cases by the then CJI, equally unprecedented now is one of the ECs deciding to recuse himself from meetings concerning alleged violations of the MCC. His grievance points to the opaque functioning of the country’s election watchdog while the Chief Election Commissioner’s dismissal of the issue betrays institutional hubris. He is patently wrong. Not only should the dissenting note of any member be properly recorded but the complainant should also be furnished with the copy of the order along with the dissenting note of a member, if any, as a matter of rule. After all, one can always obtain such information under the RTI. The justification that while dealing with an alleged violation of the MCC, the EC does not function as a quasi-judicial authority does not cut ice as it does act as an adjudicating body.

Bengaluru