NOMINATION OF CANDIDATES

Multiplicity of candidates at elections measures to reduce (dt. 27.04.1994).

4. The candidates who put up dummy candidates appoint their own men as polling agents and counting agents in the name of such dummy candidates whereby they get additional manpower, and often muscle power, at the polling stations and counting agents. These dummy candidates also help in getting extra policemen by way of security personnel provided to candidate. Instances have come to the notice of the Commission where these armed escorts provided to the candidates have been used to overawe and brow-beat the voters. In some cases they have even helped in booth capturing.

5. Apart from the above-mentioned additional facilities and manpower thus manipulated by some contesting candidates through their dummy candidates, the latter also help the former in covering unauthorised expenditure for which a ceiling is prescribed under the law.

6. The Commission is also aware of the administrative problems created due to the over-crowding of polling stations and places of counting due to the agents of dummy candidates.

7. The Commission suggested to the Government some concrete measures to check and reduce the multiplicity of the candidates at elections in its package of proposals for electoral reforms sent to the Government on 10th February, 1992. No response whatsoever has been received from the Government by the Commission so far.

8. With a view to protecting the purity of election process so that the elections reflect the true choice of electorate exercised in free and fair manner, the Commission considers that some measures which are permissible within the existing provisions of law are called for urgently to put a check as far as possible on the practice of dummy candidates.

9. After a careful consideration of all relevant factors, the Commission, in exercise of its plenary powers under Article 324 of the Constitution, the powers to issue specific and general directions under Rule 52 of the Conduct of Elections Rules, 1961 and all other powers enabling it in this behalf, directs hereby as follows:-

(i) If at any stage during the process of election after the last date for the withdrawal of the candidatures, a candidate publicly announces that he is retiring from contest in favor of another candidate or for any other reason, whatsoever, or publicly announces, extends or solicits support for any other candidate, the Returning Officer shall direct forthwith the concerned police and other authorities to withdraw all such facilities like personal security permits to ply vehicles, etc., as have been extended to him under any of directions or the instructions of the Election Commission. In case the said candidate refuses to give such a statement in writing, the Returning Officer will cause such a refusal to be widely publicized in order to eliminate the impact of his unfounded statement on the free and fair contest.

(ii) If at any stage on the day of poll, the Returning Officer, on a complaint or a report or otherwise, comes to the conclusion that any vehicle authorised to ply for the personal use of a particular candidate and/or his agent/s is being used by any other candidate or for any purpose other than the authorised use of the said candidate or his agents the Returning Officer shall direct the District Superintendent of Police or any other competent authority to impound the said vehicle/s and shall not release it till the end of the process of polling.

(iii) The seating arrangement at the polling stations for the polling agents of candidates shall be guided by the following categories of priority:

1. Candidates of National Recognised Political Parties;

2. Candidates of recognised State Parties;

3. Candidates of recognised State Parties of other States who have been permitted to use their reserved symbols in the Constituency;

4. Candidates of registered-unrecognised political parties;

5. Independent Candidates

(iv) The seating arrangement for counting agents at each counting table in a place for counting shall also be determined in accordance with the priorities indicated in Para (iii) above.

(v) If at any stage in the process of election, a complaint or report is received that any candidate is allowing the security personnel provided to him for ensuring his personal security to be used by any other candidate or for any purpose other than the purpose of providing security personnel so provided shall be withdrawn by the police authorities concerned in consultation with the Returning Officer.

10. The receipt of these directions should be immediately acknowledged and be given wide publicity through quickest means.



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