Tag: ECs

Delhi HC seeks EC’s stand on plea against approval to amended AIADMK constitution

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New Delhi: The Delhi High Court on Thursday sought the stand of the Election Commission of India (ECI) and the AIADMK on a petition against the approval of amendments to the “original constitution” of the party.
Justice Purushaindra Kumar Kaurav issued notice on a petition by B Ramkumar Adityan and K C Suren Palanisamy, who claimed to be primary members of All India Anna Dravida Munnetra Kazhagam (AIADMK), against the ECI order which also endorsed the elevation of Edappadi K Palaniswami as party’s general secretary.
The petition said the order was “illegal” and passed without considering the petitioners’ representation.

The lawyer appearing for the petitioners told the court the amendment to the party laws was approved in a “very mechanical” manner.
“Issue notice returnable in six weeks,” the judge said and listed the case for hearing on October 10.
On April 12, the high court had asked the ECI to decide within 10 days representation by AIADMK to update in its record the party’s amended bye-laws.
The order was passed on a petition filed by AIADMK and its interim general secretary Thiru K Palaniswamy, which claimed that the records of the party were not being updated owing to certain internal disputes pending in AIADMK.
On April 20, the ECI had endorsed the elevation of Palaniswami to the top position of the AIADMK as its general secretary, thereby also acknowledging the expulsion of O Panneerselvam and his supporters from the party last year.

The EC had, however, made it clear that its decision to take on record the changes to the AIADMK’s organisational structure was subject to any further court order on the leadership dispute.
In the petition filed through lawyer Ashish Kumar Upadhyay, the petitioners said the ECI order was “illegal, ultra vires to the provisions of the Section 29A of the Representation of People Act 1951, the provisions of Original Constitution of the Respondent No.2 Party (AIADMK) and Natural Justice”.
“When there are civil suits pending before various forums challenging resolutions passed to amend the Party Constitution by the General Council on 12.09.2017, the Executive Council on 01.12.2021 and the General Council 11.07.2022 and Election of Shri. Edapadi.K.Palanisamy as the General Secretary of the Respondent No.2 Party, the Respondent has no choice to accept the Resolutions and amended Constitution of the Party on file,” the petition said.
“If the respondent has taken a decision to take the amended Constitution on file pending disposal of the civil suits, it will cause irreparable damage to functioning of the party and rights of the Primary Members,” the plea added.
AIADMK’s petition had earlier asserted that not updating the ECI records is wholly contrary to the various settled legal principles and the inaction will only cause severe disruption of the activities of the party which will in turn have a serious bearing on the democratic principles of the nation.
“The inaction of ECI has grossly violated the Article 19(1)(c) of the petitioners as petitioner no. 1 (AIADMK) is an association of persons and owing to the inaction of ECI, the petitioner no. 1 is not able to effectively carry out its functions which is the dire need of the hour especially owing to the fast approaching General Assembly Elections to Lok Sabha,” the AIADMK petition had said.
“The inaction of ECI is causing grave prejudice and hardship not only to the AIADMK party but also to the primary members of AIADMK party and entire citizenry of State of Tamil Nadu for the reason that absolute strangers to the AIADMK party are representing themselves as coordinators and other office bearers of party. They are also appointing various unknown persons to the posts of AIADMK party and such impersonation cannot be allowed in a vibrant democracy,” it said.
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#Delhi #seeks #ECs #stand #plea #approval #amended #AIADMK #constitution
( With inputs from www.siasat.com )

May 4, 2023
Govt is examining SC order on appointment of ECs, CEC: Kiren Rijiju

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New Delhi: Responding to a question asked by a Congress MP whether the Government has any plans to enact a law for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) to conduct free and fair elections, Law Minister Kiren Rijiju said that the government is examining the judgement of the Supreme Court and will take appropriate action.
Congress Rajya Sabha MP Mukul Wasnik asked Union Law Minister Kiren Rijiju whether the Government has any plans to enact a law for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) that will ensure the integrity of the Election Commission of India for the conduct of free and fair elections.
In the written reply to Wasnik, Union Minister Kiren Rijiju further said, “Recently, in Writ Petition (Civil) No.104 of 2015, Anoop Baranwal vs Union of India, with Writ Petition (Civil) No.1043 of 2017, 569 of 2021 and 998 of 2022, the Supreme Court of India has inter alia held in its judgment dated March 2, 2023, that until the Parliament makes a law in consonance with Article 342(2) of the Constitution the appointment of the Chief Election Commissioner and the Election Commissioners shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, Leader of the Opposition of the Lok Sabha and in case no Leader of Opposition is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India.”
Highlighting that the Election Commission of India is a permanent constitutional body established in accordance with Article 324(1) and Article 324 (2) of the Constitution of India.
The Union Minister said, “Election Commission shall consist of the Chief Election Commissioner and such number of Election Commissioners, if any, as the President may from time to time fix and that the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”
“Originally, the Commission was headed by the lone Chief Election Commissioner. In order to ensure transparency in the working of the Commission and for the conduct of free and fair elections in the country, the government appointed two additional Commissioners in October 1989, who continued only till January 1990. Later, on 1st October 1993, two Election Commissioners were appointed and the concept of present-day multi-member Commission has been in vogue since then,” he added.
No specific law has been made by the Parliament as envisaged under Article 324 (2) of the Constitution of India for the appointment of Chief Election Commissioner and the Election Commissioners, Rijiju further elaborated further.
“According to Rule 8 of the Government of India (Transaction of Business) Rules, 1961 read with Sl. No. 22 of the Third Schedule to the said Rules, the appointment of the Chief Election Commissioner and other Election Commissioners requires the approval of the Prime Minister and the President,” the law minister said.

“So far the senior members of Civil Service and/or other serving or retired officers of the rank of Secretary to the Government of India/Chief Secretary of the State Governments are appointed as Election Commissioners and the senior-most among the three Election Commissioners, as Chief Election Commissioner. The appointments to the posts of Chief Election Commissioner and the Election Commissioners are in consonance with the constitutional values that uphold the integrity and credibility of the Commission,” Rijiju said.
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#Govt #examining #order #appointment #ECs #CEC #Kiren #Rijiju
( With inputs from www.siasat.com )

March 24, 2023
Owaisi welcomes SC ruling on appointment of CEC, ECs

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Hyderabad: IMIM president Asaduddin Owaisi on Thursday welcomed the Supreme Court ruling that the appointment of Chief Election Commissioner and the Election Commissioners will be done by the President on the advice of a committee comprising Prime Minister, Leader of the Opposition in Lok Sabha and the Chief Justice of India.
Addressing a public meeting organised here on the occasion of AIMIM’s 65th Foundation Day, he hoped that transparency will come with the SC decision and that the Election Commissioner would be more independent.
“For democracy, it is necessary that transparency comes in the Election Commission and he (Election Commissioner) gets more independence,” he said.
During the debate on Article 324 in the Constituent Assembly, all favoured more powers to the Election Commissioner, he said.
In a landmark verdict aimed at insulating the appointment of the Chief Election Commissioner and Election Commissioners from the executive’s interference, the Supreme Court on Thursday ruled that their appointments will be done by the President on the advice of a committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and the CJI.
Owaisi spoke about the comments of radical preacher Amritpal Singh in Punjab, and in an apparent reference to Union Home Minister Amit Shah, he asked as to why is the latter silent on the issue.
“We would like to ask India’s Prime Minister. In Punjab, one ‘saahab’ has come from Dubai. His name is Amrit. BJP says it is ‘Amritkaal’. Who is this Amrit in ‘Amritkaal’ and why is the Amit silent?,” he said.
“If any Muslim said the same thing, our TV anchors would have shown it 24 hours. (They would have said) ‘Owaisi said this today. He spoke about the country’. But, what is this? Nothing is said on this,” he said.

The AIMIM president asked his party leaders to start preparations for the Assembly elections to be held in Telangana later this year.
The preparations should be to see that hatred ends and peace wins and the progress of Telangana continues, he said.
He said the people have to decide whether they want “Constitution or bulldozer.”
The AIMIM president said his party would increase its strength in the Telangana Assembly polls. At present, the party has seven members in the Telangana Assembly.
Alleging that the BJP is moving forward in the State with a message of hatred, he hoped that the people of Telangana would reject it.
He indicated that the AIMIM would also contest in the upcoming Karnataka and Rajasthan Assembly polls.
Reiterating his allegation on “China’s intrusions into Indian territory,” he attacked External Affairs Minister S Jaishankar’s reported comments that ‘China is a bigger economy than India’s”.
He said AIMIM would like to ask the Prime Minister, ‘RSS people’ and the ‘BJP-bhakts’ whether India is small.
“The country does not become big or small with economy, Modi ji. The country becomes big by having a big heart,” he said.
If a country becomes big or small on the basis of its economy, why is Ukraine fighting against Russia and why did Vietnam fight with the US, he asked.
“BJP and the PM does not have faith on the country’s army and the people. You say India is small because of economy. What ‘Vishwa guru’ the PM is talking about,” he said.
Wondering what message would have gone to the world, including US, Britain and other countries, he said the message would be that India considers China to be big and sees itself as small.
Though China is big, India cannot lose its territory, he said. India is also a nuclear power, he added.
Referring to ‘Junaid and Naseer’ (two Rajasthan men whose charred bodies were found in Haryana), he alleged that Rajasthan Chief Minister Ashok Gehlot did not go to console their family members. However, there is information that Gehlot may go because AIMIM is speaking about it, he said.
AIMIM condemns the deaths of Junaid and Naseer in Rajasthan and also Khadeer Khan in Telangana allegedly following police interrogation recently, he said.
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#Owaisi #welcomes #ruling #appointment #CEC #ECs
( With inputs from www.siasat.com )

March 2, 2023
‘Can’t be a pliable EC’: SC rules panel of PM, LoP, CJI for appointment of CEC, ECs

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New Delhi: The Supreme Court on Thursday ordered that appointment to the posts of Chief Election Commissioner (CEC) and the Election Commissioners (EC) should be done by the President on the advice of a committee consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India.
The top court noted that a pliable Election Commission, an unfair and biased overseer of the foundational exercise of adult franchise, which lies at the heart of democracy, who obliges the powers that be, perhaps offers the surest gateway to acquisition and retention of power.
A five-judge constitution bench, headed by Justice K.M. Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C. T. Ravikumar, said: “We are concerned with and the devastating effect of continuing to leave appointments in sole hands of the executive on fundamental values, as also the fundamental rights, we are of the considered view that the time is ripe for the court to lay down norms.”
“We declare that as far as appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such leader, the leader of the largest party in the opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India. This norm will continue to hold good till a law is made by the Parliament.”
The bench, in its 378-page judgment, said there cannot be any doubt that the Election Commission is to perform the arduous and unenviable task of remaining aloof from all forms of subjugation by and interference from the executive. “One of the ways, in which, the executive can bring an otherwise independent body to its knees, is by starving it off or cutting off the requisite financial wherewithal and resources required for its efficient and independent functioning,” it noted.
Making an appeal for a permanent secretariat for the EC, the bench said that a vulnerable commission may cave in to the pressure from the executive and, thus, it would result in an insidious but veritable conquest of an otherwise defiant and independent commission.
Emphasising on Parliament making a law, the bench said the vacuum exists on the basis that unlike other appointments, it was intended all throughout that appointment exclusively by the executive was to be a mere transient or stop gap arrangement and it was to be replaced by a law made by the Parliament taking away the exclusive power of the executive. “This conclusion is clear and inevitable and the absence of law even after seven decades points to the vacuum,” it added.
Justice Joseph, who authored the judgment on behalf of the bench, said: “Criminalisation of politics, with all its attendant evils, has become a nightmarish reality. The faith of the electorate in the very process, which underlies democracy itself, stands shaken. The impact of ‘big money’ and its power to influence elections, the influence of certain sections of media, makes it also absolutely imperative that the appointment of the Election Commission, which has been declared by this court to be the guardian of the citizenry and its fundamental rights, becomes a matter, which cannot be postponed further.”

The bench added that criminalisation of politics, a huge surge in the influence of money power, the role of certain sections of the media where they appear to have forgotten their invaluable role and have turned unashamedly partisan, call for the unavoidable and unpostponable filling up of the vacuum.
“Even as it is said that justice must not only be done but seen to be done, the outpouring of demands for an impartial mode of appointment of the members require, at the least, the banishing of the impression, that the Election Commission is appointed by less than fair means,” noted the bench.
It added that political parties undoubtedly would appear to betray a special interest in not being forthcoming with the law and there is a crucially vital link between the independence of the Election Commission and the pursuit of power, its consolidation and perpetuation.
“As long as the party that is voted into power is concerned, there is, not unnaturally, a near insatiable quest to continue in the saddle. A pliable Election Commission, an unfair and biased overseer of the foundational exercise of adult franchise, which lies at the heart of democracy, who obliges the powers that be, perhaps offers the surest gateway to acquisition and retention of power,” said the bench.
The bench noted that the demand for putting in place safeguards to end the pernicious effects of the exclusive power being vested with the executive to make appointment to the Election Commission, has been the demand of political parties across the board.
“Successive governments have, irrespective of their colour, shied away from undertaking, what again we find was considered would be done by Parliament, by the founding fathers,” it added.
The top court’s judgment came on a batch of petitions filed by Anoop Baranwal, Ashwini Kumar Upadhyay, NGO Association for Democratic Reforms and Jaya Thakur seeking an independent mechanism for appointment of CEC and ECs.
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#pliable #rules #panel #LoP #CJI #appointment #CEC #ECs
( With inputs from www.siasat.com )

March 2, 2023
SC verdict on pleas for independent mechanism to appoint ECs on Thursday

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New Delhi: The Supreme Court will deliver judgment on Thursday on a batch of petitions seeking a collegium-like system for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC).
A constitution bench, headed by Justice K.M. Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar had reserved judgment in the matter on November 24, 2022. According to the causelist, two judgments, each by Justices Joseph and Rastogi, will be pronounced at 10.30 a.m. on Thursday in the matter.
During the arguments, Attorney General R. Venkataramani had told the Supreme Court that if it were to begin to doubt every step taken by the government in the process of appointment of the Election Commissioner, then it has implications on the integrity and independenceA of the institution.
The five-judge constitution bench, headed by Justice Joseph, had then shot a volley of questions at the country’s top law officer in connection with the appointment of Election Commissioner Arun Goel. It posed some critical questions to the AG in connection with Goel’s appointment: what deliberation could have been done to finalise his name within 24 hours, same day clearance, same day process completed, and the appointment was made not even in 24 hours.
The Centre had, however, maintained that there is no trigger point for the Supreme Court to interfere in the appointment process of the Election Commissioner.
After hearing detailed arguments, the Supreme Court reserved the judgment on a batch of petitions seeking a collegium-like system for the appointment of the ECs and the Chief Election Commissioner (CEC).
During the hearing, the Supreme Court had told the Centre that it wants to see the files relating to the recent appointment of Goel as the Election Commissioner and emphasised that it wants to see by what mechanism, “he was picked up”, and “there is no danger to produce it (files)”.

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#verdict #pleas #independent #mechanism #appoint #ECs #Thursday
( With inputs from www.siasat.com )

March 1, 2023
After EC’s order on Shiv Sena symbol, Uddhav warns political parties to be cautious

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Mumbai: Shiv Sena (UBT) president Uddhav Thackeray on Sunday said all political parties need to open their eyes and remain cautious in the wake of the Election Commission’s decision of recognising the faction led by Maharashtra Chief Minister Eknath Shinde as the real Shiv Sena.
The Election Commission (EC) on Friday recognised the Shinde-led faction as the real Shiv Sena and ordered allocation of the ‘bow and arrow’ poll symbol to it, in the process delivering a big blow to Thackeray, whose father Bal Thackeray founded the outfit in 1966.
“What has happened to Shiv Sena, how we have been treated, can happen to you too. All parties should keep their eyes open and be cautious,” Thackeray said during an interaction with members of north Indian community here.
“You want my father’s face, but not his son. I was ready to come along. If you ditch me when I wanted to implement a promise given to my father, what should I do?” he asked while targeting the Bharatiya Janata Party (BJP).
“I never wanted to be a chief minister, but was asked by Congress and NCP to take over because otherwise a government could not have been formed. Had BJP honoured the commitment given, both Shiv Sena and BJP would have got their chief ministers for two-and-a-half years each,” he said.
Some people from my party defected. Those who want to leave can go, but they should merge with another party. However, they want to throw me out of my house and take it over, he alleged.
My father groomed these people and Shiv Sainiks supported them. But now they want to become owners and our institutions are such that they have made a thief the owner of the house. What is happening in the country, he asked.
But what has happened is good because people are angry and realised what has happened is wrong, Thackeray added.

Taking a jibe at Union Home Minister Amit Shah, Thackeray said, “‘Mogambo khush hua’ on the Election Commission order.”
Thackeray said the BJP pushed him towards joining hands with the Congress and Nationalist Congress Party (NCP) as it dishonoured a commitment given.
“I have left the BJP and not Hindutva. I don’t accept BJP’s Hindutva which divides people. The BJP is misleading Hindus, who are now awakened, by bringing issues like ‘hijab’ and cow slaughter during elections. There was a Hindu Akrosh Morcha in Mumbai recently. Why should Hindus make ‘akrosh’ when a powerful leader is ruling the country,” he asked.
Targeting Prime Minister Narendra Modi, Thackeray said, “The leader whom we voted for a strong India, himself became strong while the country has become weak.”
Terming as “injustice” the EC’s decision to allot Shiv Sena name and party symbol to the Shinde faction, he said, “This is dirty politics. If you wanted to fight against Shiv Sena, you could have come on the poll field and let people decide.”
Thackeray said Shiv Sena was never against Muslims and north Indians.
“All those who consider India as their motherland are our brothers,” he said.
This is Thackeray’s second interaction with members of the north Indian community settled in Mumbai by Thackeray in the last few days.
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#ECs #order #Shiv #Sena #symbol #Uddhav #warns #political #parties #cautious
( With inputs from www.siasat.com )

February 19, 2023
EC’s song ‘Main Bharat Hoon’ to nudge voters for upcoming polls

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New Delhi: The Election Commission (EC) is gearing up for the nine Assembly Elections this year and the Lok Sabha polls early next year with the aim of pushing the voter percentages through innovative communication strategies.
As one of the initiatives, the EC, in collaboration with Subhash Ghai Foundation, produced a song – ‘Main Bharat Hoon, Hum Bharat ke Matdata Hain’, featuring celebrities from different walks of life, appealing to the people to cast their vote.
The song, which was screened in the presence of President Droupadi Murmu on the 13th National Voters Day — January 25, is already beginning to gain traction on social media through celebrities and influencers.
Officials said that within a week since its launch, the Hindi and the multilingual format of the song had already got over 3.5 lakh views and 5.6 lakh impressions on four major social media platforms — Facebook, Instagram, Twitter and YouTube.
The song is one of such initiatives of EC’s ‘Systematic Voter’s Education and Electoral Participation’ programme, which is the flagship voter education programme focused on inclusion strategies and action plans for enhancing participation from all categories of voters under EC’s motto of ‘No Voter to be Left Behind’.
The song is aimed not only at educating the voters regarding their rights and responsibility towards strengthening democracy, but also at enthusing them for greater participation in the electoral process.
As per EC officials, the song was finalised after a number of interactions of the team led by Subhash Ghai with the Election Commission led by Rajiv Kumar, Chief Election Commissioner.
The Chief Election Commissioner said: “The song is dedicated to each voter who takes cognisance of their national duty and casts vote, beating all odds.”

The motivating lyrics of the song are written and composed by the filmmaker, Subhash Ghai, in association with Whistling Woods International School of Music, Mumbai and it is sung in Hindi and 12 regional languages including Bengali, Marathi, Gujarati, Punjabi, Tamil, Telugu, Kannada, Malayalam, Assamese, Odia, Kashmiri, Santali covering the maximum geographical area.
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#ECs #song #Main #Bharat #Hoon #nudge #voters #upcoming #polls
( With inputs from www.siasat.com )

February 3, 2023