Elections in India: Major Events and New Initiatives 1996-2000

ELECTIONSIN INDIA I MAJO* mNTS & NSW INtmwm 19964000 ELECTION COMMISSION OF INDIA ELECTIONS IN INDIA MAJOR EVENTS ...

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.ELECTIONSIN INDIA I

MAJO* mNTS & NSW INtmwm 19964000

ELECTION COMMISSION OF INDIA

ELECTIONS IN INDIA

MAJOR EVENTS & NEW INITIATIVES 1996-2000

ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI - 110 001

ELECTIONS IN INDIA

MAJOR EVENTS & NEW INITIATIVES 1996-2000

ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI - 110 001

© Election Commission of India, 2000 Published by Publication Division, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001 Tel : 91-11-3717391, 3717392 Fax : 91-11-3713412 Website : www.eci.gov.in Produced for Election Commission of India by Corporate Communications Division, India Tourism Development Corporation & Printed at M/s. Tarun Offset Printers, New Delhi - 110064.

CONTENTS

PAGE NO.

CHAPTER Foreword

111 - X l l l

Part I - Electoral Events 1 - 10

I

Introduction

n

General Election to Lok Sabha, 1996 along with General Elections to Legislative Assemblies of the States of Assam, Haryana, Kerala, Tamil Nadu and West Bengal and Union Territory of Pondicherry

11 - 27

m

General Election to Lok Sabha, 1998 along with General Elections to State Legislative Assemblies of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura

29 - 53

IV

General Election to Lok Sabha, 1999 along with General Elections to State Legislative Assemblies of Arunachal Pradesh, Andhra Pradesh, Karnataka, Maharashtra and Sikkim

55 - 89

V

State Assembly Elections separately held during 1996 to 2000

91 - 144

VI

The Presidential and Vice-Presidential Elections, 1997

145 - 154

VII

Bye-elections to Lok Sabha and Legislative Assemblies - 1997 to 2000

155 - 180

VIII

Council of States - Biennial Elections and Byeelections - 1996 to 2000

181 -214

IX

State Legislative Councils - Biennial Elections and Bye-elections - 1996 to 2000

215 -247

CHAPTER

PAGE NO.

Part II - New Initiatives X

Electoral Rolls - Revision, Computerisaton and Improvement of Systems

251 - 269

XI

Electronic Voting Machine

271 - 291

XII

Media and Elections

293 - 321

XIII

Electoral Laws and Regulations : Recent Amendments

323 - 329

XIV

Electoral Reforms : Comprehensive Proposals of Election Commission

331 - 347

XV

Political Parties and the Commission

349 - 356

XVI

Information Technology and Elections

357 - 369

XVII

Other Initiatives

371 - 398

(i)

Electors' Photo Identity Card (EPIC) Programme

371 - 375

(ii)

Election Observers

376 - 382

(iii) Counting Procedure and Arrangements

383 - 387

(iv) Training in Electoral Management &

(v)

Administration

388 - 391

International Co-operation

392 - 396

(vi) Publications

397 - 398

Dr. M. S. GILL CHIEF ELECTION COMMISSIONER

FOREWORD I am pleased to be able to present this Report, for the period 1996-2000, on some of the activities of the Election Commission of India. The last report was published 13 years ago, and we are, therefore, happy to revive this tradition, in the hope, that the Commission will in future, be able to publish such reports at regular intervals. During all these years, the Commission has been publishing, only statistical reports, relating to various elections. These give no indication of the work and effort, made by the Commission, to ensure fair and peaceful elections, or to indicate the many problems, that the Commission invariably has to encounter, during elections. This Report revives the tradition of publishing detailed narrative reports by the Election Commission of India, giving a comprehensive account of electoral events in the relevant periods. In the past, the statistical reports, naturally gave no indication of the Commission's endeavour, to improve the electoral system. During the last 4 years, the Commission has made major efforts in various directions, to modify systems, and taken numerous new initiatives, to enhance the capability of the Commission, to conduct peaceful and fair elections. This Report makes an attempt, to bring out some of the main events, and the reforms and changes, made during the last 4 years. These are brought out, in some detail, in different chapters.

•

MAJOR EVENTS & N-EW INITIATIVES

I would like to highlight some of the major issues tackled by the Commission :(i)

In the past, the national radio and television, were largely at the service of the Government of India. The Election Commission addressed this issue, and decided, that the national radio and television, being assets of the entire people of India, must be used in fair sharing, at election time, by the recognised political parties. The Commission, therefore, prepared a comprehensive scheme, invited the political parties, to discuss and comment, and then issued a direction to Doordarshan and All India Radio, to allocate time, to all recognised political parties, as per the Commission's formula and direction. This highly valued prime time was free. This historic order was given for the first time, at the time of 1998 Parliamentary elections. One hundred and thirty hours of prime time were allocated, both on Doordarshan and All India Radio separately. The political parties were happy. This really amounted to indirect funding of elections, since this time is worth a great deal of money. What is more, this indirect state funding of elections, could not be misused. Since 1998 the allocation of free broadcasting time on National Television and Radio to Recognised Political Parties has become a regular practice at all Parliamentary and State Elections.

(ii)

The model code of conduct, which was agreed to by all parties, in 1968, was effectively put into use, and brought forward, as a major instrument, for ensuring fair elections by the Election Commission in 1991. Its firm use, shook the political system, made them aware that the party in power, in election time, anywhere in India, should not be using State resources for unfair advantage. However, like any idea tried for the first time, it did lead to harsh use here and there. In the last 4 years, the Election Commission has worked hard, to frame a comprehensive set of guidelines and directions, for the Central Observers, and for the code of conduct application, in order to ensure, that it served the true purpose of democracy, in a fair and balanced manner. It is the Commission's belief, after 1996, 1998 and 1999 Parliamentary elections, and numerous State elections, that

FOREWORD

a steady, firm and correct use of the code of conduct has been more or less established. The Commission has also framed comprehensive guidelines for the work of Central Observers. (iii)

During the last 4 years, the Election Commission has also steadily pushed, to play a more effective role in the deployment of national and state police forces at election time. For the Central forces, the Commission sets up a Working Group of the Deputy Election Commissioners, with senior civil and police officers of the Home Ministry, to make a detailed plan, in line with the Commission's thinking. The Commission keeps close supervision, to ensure that the Central forces are deployed correctly, and are enabled to function effectively, in the field, and not held back as idle reserves. The Commission has also invariably taken a great deal of interest, in the work of the Home Secretaries and the DGPs of the State Governments, by asking the Chief Electoral Officers to sit with them, in regular meetings, to enable the Commission, to be satisfied, that all professionally desirable steps, are being taken for effective state police deployment.

(iv)

It is to be remembered, that the District collectors are, on a regular basis, also the district election officers. The Election Commission, in the last 4 years, has, therefore, watched closely, and sometimes ordered essential transfers, in order to ensure, that the district election work is efficiently managed.

(v)

The country is concerned at the entry of, what is popularly called, criminal elements into the electoral fray. The Election Commission has made every effort, to curb and control this phenomenon. It is to be remembered that the Commission can recommend, but not make laws. Only Parliament can. The Commission has made the application of section 8 of the Representation of the People Act, 1951, stringent and effective, and even devised an affidavit, to be filed by all candidates everywhere. The Commission has also made repeated recommendations, in all-party meetings, to leaders and in letters to successive Prime Ministers, for amendments to this section, to make it more stringent, simple and easy to

•

MAJOR EVENTS & NEW INITIATIVES

apply. Unfortunately, the Commission still waits, for some amendments to be passed by Parliament. (vi)

The Election Symbols (Reservation and Allotment) Order, 1968, is a historic Commission order, made 32 years ago. It is the foundation of a large part of our electoral and party system. It does require reforms. In two separate amendments, in 1997 and 1999, the Commission has made considerable improvements. The Election Commission is aware that perhaps more are needed. It is seized of the issue, and is in intense internal debate and discussion. The Commission hopes to come up with something positive, before the end of the year.

(vii)

It is the present Commission's firm belief, that for good democratic working, the Commission should be in regular dialogue with the recognised political parties. The Commission, therefore, invariably holds meetings with the political parties, before the national Parliamentary elections, and some times even before major State elections. The Commission also sends to the party Presidents, agenda and notes to assist them. It is the Commission's assertion that the discussions are always held in a friendly and warm atmosphere, with parties,

not only showing such feelings to the

Commission, but also to each other, irrespective of their differing ideologies. It has been the Commission's effort, to promote this atmosphere in the larger interest of democracy. (viii) For a true and meaningful democracy, while elections should be held fairly and peacefully, it is equally essential, that there should be internal democracy, within the recognised political parties. The Commission, in its historic order in Arjun Singh Narsimha Rao Symbol case, of 12th March, 1996, put the political parties on notice, and asked them, to follow their constitution, and hold regular party elections. All major national and regional parties, duly obeyed, and elections are being held on regular basis. Applications were made by some national parties, that the Election Commission should interfere to correct aberration at the lower level of the process, within parties. The Commission conscientiously and firmly refused

FOREWORD

this, in the conviction, that it is not the role of the Election Commission, to involve itself, in the internal push and pull of democracy, within political parties. For dissatisfied political worker of a party, the forum for relief was the appropriate court. The Commission is happy to note, that major national parties, are even setting up credible internal mechanism, including their own election commissions, to ensure fair elections. I hope, that the churning that is going on within parties, will lead to a strong, credible internal democratic system, within all political parties, for then only, will our electoral exercise have true meaning. (ix)

It is the Commission's belief, that for strengthening our democratic electoral system, on a long-term basis, it is necessary to make system changes, and even technological changes. Therefore, the following need to be highlighted, of the many steps taken by the Commission :(a)

A clean and accurate electoral roll is the basis of good elections. In the last 4 years, the Commission has worked intensively to improve the electoral system and instructions. While for valid reasons, not going in for intensive national rolls revision, the Commission has improved the annual summary revision system, and has even fixed a regular schedule, in about the month of November, every year, for the rolls valid for 1st of January next year. In the last couple of years, the Commission made a historic effort to computerise, the entire electoral rolls of 620 million voters. This work has been more or less completed, in most States, and the rolls have been put, in well printed parliamentary constituencywise book, for the first time. In the electoral rolls, the Photo Identity Card Number of the voter has also been given, for cross linking. Finally, the books of individual parliamentary constituency rolls, have also been put on CD Rom Disk. Both books and disks are for sale to citizens, candidates and parties. It is the Commission's view, that the constant availability of regularly revised rolls to citizens, is the best guarantee, for ensuring accurate and clean elections. When the citizens know, they can challenge and demand correction, whenever necessary.


(b)

The Commission had bought 150,000 Electronic Voting Machines, made by Bharat Electronics Ltd., Bangalore and Electronic Corporation of India,Hyderabad, in the year 1990. Unfortunately, due to the hesitation of political parties, they were not put to use. The present Commission was determined to introduce this new technology, and put the money spent, to good use. Accordingly, electronic voting machines were first used in November, 1998, in a fairly large number of well-dispersed constituencies, in the State elections of Rajasthan, Madhya Pradesh and Delhi. The Commission stood firm, against isolated hesitation of some political leaders. The Commission, by an extensive public awareness campaign and training programme for the election personnel, prepared the people for this historic step. The result was a huge and positive success. The machines were accepted by the people - rural and urban, by candidates and parties everywhere. Encouraged, the Commission ordered, the entire State Assembly elections in Goa in June, 1999, to be held with EVMs. In the 1999 Parliamentary elections, 45 constituencies, spread over 17 States and covering 6 crore voters, were asked to vote with EVMs. Once again, they proved a great success. The Commission, of course, continued to hold bye-elections, across the country, by using EVMs. In February, 2000, the Commission ordered use of EVMs in 45 out of 90 Assembly seats in Haryana. Once again they were a success, and since then they have been used in several more bye-elections. The use of EVMs in the country, in the new century, is now firmly established. The Election Commission requested the Law Minister and the Finance Minister, to sanction another 1,50,000 machines, to be manufactured before the end of the year, by the national public sector companies, so as to be available before the elections to the State Assemblies of West Bengal, Tamil Nadu, Assam, Kerala & Pondicherry, early next year. It is indeed heartening to note that the Union Government have promptly sanctioned Rs. 150 crores, for the procurement of the above

FOREWORD

1,50,000 additional machines, and the manufacturing companies have also revitalised their production units to deliver the machines by the target date. (c)

The Election Commission of India ordered, the making of Photo Identity Cards, for all voters in the country in August, 1993. The Government of India, in the Chief Ministers' meeting, chaired by the Prime Minister of India, sanctioned the scheme, and provided Rs. 1,000 crores, the expenditure to be shared on 50:50 basis by the States and the Centre. A uniform national methodology was not worked out at that time, but States pushed forward, to complete the programme, to the best of their ability. A certain amount of progress was achieved. However, in the last 4 years, the Commission had to focus, a great deal of energy, on this major technological national programme. In 1997, it was seen, after repeated consultations with Chief Electoral Officers and experts, that a cohesive common methodology has to be designed. The Commission immediately set up an Information and Statistical Division, to deal with all such technical matters, including computerisation, etc. In the last 4 years, the Commission has issued a number of books of instructions, the latest being in May, 2000. The Members of the Commission, the Deputy Election Commissioners, and other senior officers, have repeatedly made field visits, to check and push this programme to completion. Today, the progress is impressive. About 400 million, out of 620 million, correct Identity Cards have already been distributed. States performance varies from 88% in Haryana to 37% in Bihar. The Commission is determined to get the States, to complete this programme. It should incidentally be remembered, that the Commission's work, is ultimately executed by the State administration. The Commission can only persuade and urge. The Commission is proud of this unique national achievement. The Commission has no doubt, that our neighbouring countries, and other nations elsewhere, can profitability use the sophisticated, but inexpensive system, designed by the Election Commission of India,


for the world's largest voter list of 620 million. The Commission is also of the view that the Commission's Photo Identity Card is a national identity document, for all those above the age of 18. The Commission has devised a mechanism, for annual addition of new entries, above 18 and the issue of Photo Identity Cards to them. The Commission has, therefore, repeatedly urged the Home Ministry, who are endeavouring to give an Identity Card to all Indians, to use this massive work, and only supplement it for those below 18. This will be the best methodology, and save time and a great deal of money. A major problem faced by the Commission, in the last 4 years, was the effective use of these cards, made at great cost. The voter's right to vote is enshrined in the Voter List. Therefore, the Commission faced difficulty in ordering their compulsory use. However, the Commission was able to solve this major problem in the historic Haryana Assembly elections held in February, 2000. The Commission issued orders, stating that identification of voters shall be compulsory. The voters were asked to bring I.D. cards, in which Haryana had the best national performance. However, in order to ensure that no legitimate voter was deprived of his right, the Commission ordered 17 supplementary documents, any of which could be produced, to satisfy the Presiding Officer of one's identity, in order to overcome any difficulty. The compulsory identification order was welcomed and accepted, and the Commission is happy that as many as 80% of Haryana voters, actually produced the Photo Identity Cards. Haryana, therefore, became the model, the Commission, has projected for the 21st century: PHOTO IDENTITY CARD IN YOUR HAND, AND AN ELECTRONIC VOTING MACHINE IN THE BOOTH In the recent bye-elections across the country, in May, 2000, the Commission has once again enforced compulsory identification,

FOREWORD

with Photo Identity Cards and use of EVMs. The Supreme Court has also taken note of the above measure adopted by the Commission, and has, in token of its approval of the same, dismissed on 17th August, 2000 all matters, pending since 1994, relating to Photo Identity Cards. In my view, the model is now set and accepted. The Commission is determined to use, both, in the 2001 elections, to a number of State Assemblies. (d)

The Commission in 1998 created a Website, with the URL "http://www.eci.gov.in", and very quickly put about 8000 pages in the Website, for worldwide information. The Commission, along with this, created an extensive computerised network in all districts of India, and linked them through the Commission's Website, thus, enabling the Commission, to keep a close watch on 1400 counting centres, across the country, to ensure quicker dissemination of counting trends and results. During the national elections, the Commission is now able to put its orders, directions and every information, relating to on-going elections on this Website, without delay. All this information is, therefore, available worldwide to all those interested in Indian democracy.

(e)

With the 73rd and 74th Constitutional amendments in 1992, Parliament created State Election Commissions, for independent control of Panchayat and Municipal elections. The Election Commission of India is of the view, that it is the national Commission's duty to support, assist and strengthen these State Commissions, since they organise and control elections, to the first level of democracy, which form the roots of the higher levels, right up to Parliament. The Commission has, therefore, held 3 annual meetings in the last 3 years, to know their difficulties and ideas. The Commission seeks to support and assist them. The Chief Election Commissioner has written to the State Chief Ministers, after the meeting on 18th April, 2000, offering suggestions for their

XII


consideration, in order to strengthen the State Election Commissions. A major item, which needs highlighting here, relates to the electoral rolls. India is the proud possessor, of very carefully created and revised electoral rolls. Many State Commissions, such as West Bengal and Andhra Pradesh use the national Commission's rolls, as the basis for their elections. However, other States, while taking the national Commission's rolls, as the basis, modify these in a revision of their own. It has been unanimously agreed in the recent meeting, that this is unnecessary and wasteful. It even creates a certain amount of confusion. The matter was raised by the Election Commission of India before an all-party meeting held on 29th April, 2000. All parties agreed with the Commission, that this wasteful duplication is not necessary. The Commission hopes, as I have written to the State Chief Ministers, that they will see their way to dispensing with unnecessary revisions of their own, and use only the national rolls, suitably broken up for their purpose. Four years ago, the Commission had considerable litigation in the State High Courts, and also cases in the Supreme Court. These were against State Governments and the Government of India on various electoral matters. It has been our view that such matters are best resolved by regular dialogue, between the Government of India, recognised political parties and the Election Commission of India. The Commission made a conscious effort to eliminate unnecessary litigation. However, two important cases remain in the Supreme Court of India first one about the Commission's control over those involved in elections, in terms of Article 324 of the Constitution and Sections 13CC and 28A of the RP Acts of 1950 and 1951, and the second about the date of enforcement of model code of conduct. I made repeated efforts by writing to successive Prime Ministers, to try and resolve these issues satisfactorily. The issues were also brought up, in regular meetings, with the Commission, to seek a solution. I am happy that during July and August 2000, we have finally come close, to resolving these matters, to the satisfaction of the Commission, by the Law Minister, Government of India, holding discussions with Chief Election Commissioner, in the light of my letters

FOREWORD

Xlll

to the Prime Minister. This is a major achievement, which will place the Commission and the political system in a harmonious relationship, in regard to vital matters, that affect good relations. It is now expected, that the Commission's control over staff during elections, will be effectively clarified, the application of code of conduct also settled. Finally, the Commission's compulsory use of Identity Cards, has also been effectively established and settled by the Supreme Court on 17th August, 2000. During the last 4 years, the Commission has conducted 3 National Parliamentary elections, a Presidential election, a Vice-Presidential election, State elections to all Legislative Assemblies and numerous bye-elections. In spite of this tremendous load, a powerful thrust has been given in this period, for system changes, such as Electronic Voting, and the use of compulsory photo identity cards, and reforms in many other areas of the Commission's work. All this was possible, due to the support of my colleagues, and the dedicated work of the Commission's officers, particularly the two Deputy Election Commissioners, Mr. Subas Pani and Mr. Sayan Chatterjee and Mr. S.K. Mendiratta. I am grateful to all of them, and to the other Commission staff, who have contributed in various ways to this publication. I am happy, that we are finally bringing out, a long over due report, and reviving a tradition. However, I would like, all of us, to work on this report, after its publication', in order to expand it, to fill the gaps, that may still remain, in order to give a full, comprehensive, and understandable story of the Commission's work, and the many new initiatives over the last 4 years.

ommissioner of India 5th September, 2000

PART I ELECTORAL EVENTS

CHAPTER I

INTRODUCTION

Only a few days ago, the world has entered the new millennium. And only a few days prior thereto, in the closing year of the last millennium, the world saw the biggest democratic exercise, ever held on this planet, when India went to polls in September-October, 1999 for constituting the 13th House of the People, the lower House of Indian Parliament. The gigantic nature of the exercise can be well imagined from the fact that more than 614 millions of adult Indian citizens, both men and women, participated in the above electoral exercise. They voted at nearly one million polling stations, located throughout the length and breadth of the country — many in the high mountain ranges of the Himalayas, in the vast deserts of Rajasthan and in the tiny Islands of Andaman and Nicobar and Lakshadweep, deep into the Bay of Bengal and the Arabian Sea. These polling stations were manned by nearly 5 million polling personnel, apart from nearly one million civil police forces, which were deployed for maintenance of general law and order, and for providing security to electors, polling personnel and polling materials, at polling stations and counting centres. Simultaneously with the general election to the House of the People, general elections were also held to constitute the Legislative Assemblies of five of the 27 constituent States of the Indian Union, namely, Andhra Pradesh, Arunachal Pradesh, Karnataka, Maharashtra and Sikkim. Millions and millions of voters, who participated in these elections, have


once again shown unflinching faith in democracy, which our country adopted as the system of governance when it achieved independence 50 years ago. Successive general elections to the House of the People and to the State Assemblies, held over the period of the last five decades, have demonstrated to the entire world, not only the political maturity of the Indian People, but also that democracy has taken firm roots and flourished in our country. India has been rightly described by our Supreme Court as an "Oasis of Democracy". Free and fair elections form the bedrock of democracy. And to ensure that elections in India are free and fair, where all political parties and candidates have a level playing field and the voters can vote in secrecy without fear and according to their free will, the Constitution makers have entrusted the task of conducting elections to Parliament, the Legislature of every State and to the Offices of President and Vice-President of India, to the Election Commission of India. The Election Commission of India can, justifiably, take pride in having discharged its constitutional duty and obligation of conducting free and fair elections in the country, which has earned for India a commendable reputation in the international community as one of the most stable democracies in the world. In order to ensure that the elections are conducted in a free, fair and peaceful manner and more smoothly, the Commission has taken several innovative steps and measures, in the recent past, particularly at the general elections to the House of the People and several State Legislative Assemblies held in 1998 and 1999. The Election Commission is currently undertaking the computerisation of the electoral rolls throughout India, which should lead to vast improvements in the accuracy and speed with which the electoral rolls can be updated. This has already been completed in most of the States and rolls in the new computerised format were put to use for the last general election in 1999. These computerised rolls are now available on compact CD ROM disks, for almost all the constituencies. Recognised National and State political parties were supplied these CD ROM disks, free of cost, and other parties and candidates could obtain them on a very nominal price at the last elections.

INTRODUCTION

In an attempt to further improve the accuracy of the electoral rolls and prevent electoral fraud, the Election Commission has pressed for the introduction of photo identity cards for voters. This is a massive task, and at present over 374 million out of 614 million electors on rolls have been provided with cards. The Commission is considering ways and methods to deal with the problems with regard to the issue of cards to the remaining electors, and the difficulties in keeping track of voters, especially the mobile urban electorate. When the five-year term of the House of the People or of a State Legislative Assembly is coming to an end, or where any such House or Assembly has been dissolved permanently and new elections become due, the Election Commission puts into top gear the machinery for holding the elections. The Constitution stipulates that there can be no longer than 6 months' interval between the last session of the dissolved Lok Sabha or Vidhan Sabha and the recalling of the new House; so elections have to be concluded before then. In a country as huge and diverse as India, finding a suitable period when elections can be held throughout the country is not simple. The Election Commission, which decides the schedule for elections, has to take account of the weather — during winter, constituencies may be snow-bound, and during the monsoon, access to remote areas restricted, — the agricultural cycle, so that the planting or harvesting of crops is not disrupted, — exam schedules, as schools are used as polling stations and teachers employed as election officials, and religious festivals and public holidays. On top of this, there are the logistical difficulties that go with the holding of an election — mobilisation and movement of civil and para-military police forces, printing and distribution of hundreds of millions of ballot papers, sending out ballot boxes, setting up polling booths, appointing millions of officials to conduct poll and counting and oversee the elections. The number of candidates contesting each election had been steadily increasing up to 1996. In the general election of 1952, the average number of candidates in each constituency was 3.8; by 1991, it had risen to 16.3; and in 1996 stood at 25.6. This was attributed to the openness of the nomination process, as it was far too easy for 'frivolous' candidates to stand for election, and this confused


the electorates. Certain remedial measures were then taken, at the instance of the Commission, in August 1996, which included increasing the amount of the deposit and making the number of people who have to nominate a candidate larger. The impact of such measures was quite considerable at the elections which were subsequently held, and the number of contestants came down quite significantly. The number of nominations for the Lok Sabha came down from 13,952 in 1996 to 4,750 in 1998 and to 4,370 in 1999 - an average of 8.7 per constituency in 1998. and 8% in 1999, in comparison to 25.6 per constituency in 1996. During the election campaign, the political parties and contesting candidates are expected to abide by a Model Code of Conduct on the basis of a consensus among political parties. The Model Code is a unique document and regarded by many democratic countries across the world as singular contribution by the Election Commission of India to the cause of free and fair elections. It prescribes guidelines for the ruling parties, both at the Centre and in the States, to ensure that a level playing field is maintained and that no cause is given for any complaint that the ruling party has misused its official position for the purposes of its election campaign. It also lays down guidelines as to how the political parties and candidates should conduct themselves during the election campaign. It is intended to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter, until the results are declared. Owing the last few years, the Election Commission has been sternly enforcing the model code of conduct and ensuring its strict observance by the ruling parties, at the Centre and in the States, so as to provide a level playing field, for all parties and candidates in the electoral fray. One of the most revolutionary steps taken by the Commission to make the electoral process simpler, smoother and quicker was the use of Electronic Voting Machines for taking poll and counting of votes. Elections from Parliamentary and Assembly constituencies to the House of the People and the State Legislative Assemblies were hitherto being held under the traditional system of ballot papers and ballot boxes. The Commission has brought about significant improvement in

INTRODUCTION

the election procedure by taking advantage of the scientific and technological advancements. Since 1998, the Commission has introduced Electronic Voting Machines (EVMs) for recording of votes by electors and ascertaining the results of the above elections. These machines have been produced, in close collaboration with the Commission, by two Central Government undertakings, namely, Bharat Electronics Limited, Bangalore and Electronics Corporation of India Limited, Hyderabad. These machines have been designed keeping in view the present system under which ballot papers and ballot boxes are used. They run on batteries fitted into them, and no separate power or electricity is required. The voter records his vote by the mere pressing of a button on the balloting unit, against the name and the election symbol of the candidate of his choice and his vote is instantly registered in the control unit. At the end of the poll, the result can be ascertained by the mere press of another button on the control unit. 1,50,000 machines were procured by the Election Commission in 1989-90. They were, however, not put to use till 1988, mainly for the reason that certain political parties had entertained some misgivings about the working of these machines and expressed apprehensions that the machines could be doctored in such a way as to favour a particular party or candidate. The Commission took great pains to allay their apprehensions, by constant interaction with them at various meetings held from time to time, and to create credibility in respect of these machines in the minds of the political parties, candidates and electors, by arranging their extensive demonstrations in the field. There were also certain other factors, like, the abnormal increase in the number of candidates during the above period, which contributed to the non-user of these machines from 1990 to 1998. The number of candidates has now come down considerably after August, 1996, with the increase in the amounts of security deposits by candidates by amendments to law by Parliament at the initiative taken of the Commission to reduce the multiplicity of frivolous candidates. To begin with, these machines were used in sixteen Assembly constituencies in the general elections to the Legislative Assemblies of Madhya Pradesh, Rajasthan and Delhi in November, 1998. Then, they were used in the entire State of Goa,


when that State went to poll for its Assembly elections in June, 1999. At the last general elections to the House of the People, and to the Legislative Assemblies of Andhra Pradesh, Karnataka and Maharashtra in September - October, 1999, the Commission made a big stride and used these machines in as many as 45 Parliamentary Constituencies and the Assembly segments comprised therein. Over 60 million voters exercised their franchise through these machines. The voters at large, and also the political parties and candidates, have greatly lauded the introduction of these machines by the Commission, and there is a demand now, by all of them, for use of these machines in more and more constituencies at future elections. It is a major initiative taken by the Election Commission, not only to simplify the voting procedures and quicken the process of ascertaining the results of elections, but also to make the electoral process far cheaper, as use of these machines has dispensed with the printing of hundreds of millions of ballot papers and also of their counting for several days after the poll. Another great advantage of these machines is that there are no invalid and wasted votes at all, as every single vote recorded in the machine is accounted for in favour of the candidate for whom it was cast. The Commission proposes to expand the use of these machines in far larger number of constituencies at future elections. The law relating to registration of political parties as enacted in 1989 was quite liberal and as a result a large number of non-serious parties mushroomed and got themselves registered with the Commission. Many of them did not contest any election at all after their registration. The Commission has always been encouraging healthy growth of political parties but they also have to reciprocate in a positive manner and see that the political system is not rendered a plaything by proliferation of non-serious parties, and becomes a cause for confusion among the electorate. The Commission, therefore, took some measures to streamline the registration process and it has shown effective results. The Commission now registers a party which has at least 100 registered electors as its members and is also charging a nominal processing fee of Rs. 10,000/- to cover the administrative expenses and the expenses which it will have to incur on correspondence with

INTRODUCTION

the parties before and after their registration. In order to ensure that the registered political parties practise democracy in their internal functioning, the Commission requires them to hold their organisational elections regularly and in accordance with their party constitutions. A few years back, such periodic organisational elections were seldom held and ad hoc arrangements continued for long years in several established parties at National and State levels. With the Commission's persistent efforts, all parties are now holding their organisational elections at stated intervals as envisaged in their party constitutions. Splits, mergers and alliances have frequently disrupted the compositions of political parties. This has led to a number of disputes in which splinter sections of a divided party claim to keep the name of the party and its symbol. The Election Commission has to resolve these disputes and to classify the resulting parties in terms of National and State parties. Its decisions can be challenged in the High Courts and Supreme Court. At the time of the 1999-general elections, there were 6 National Parties, and 48 State Parties, recognised by the Commission. In one of the recognised National Parties, a split occurred just on the eve of the elections and the Commission, in fairness to both the contending groups, gave them ad hoc recognition for the purposes of these elections. By a recent arrangement made by the Election Commission with the Prasar Bharati Corporation (Broadcasting Corporation of India) in 1998, all recognised National and State parties have been allowed free access to the State owned electronic media — AIR and Doordarshan — on an extensive scale for their campaigns during elections. This was a historic step and a major electoral reform brought about by the Election Commission. With this facility available to them, without any cost, the political parties could now reach the vast electorate in each nook and corner of the country through the electronic media. This not only cut down their expenses on election campaigns but also provided a level playing field for all recognised parties in the matter of use of the government controlled


electronic media. At the last general elections in 1999, the total free time so allocated extended over 63 hours, each on the State owned Television and Radio channels. This was allocated equitably by combining a base time and additional time linked to poll performance of the party in the past election. This was a substantial measure of indirect State funding to parties, taken solely at the initiative of the Commission. At the time of the last general elections in September-October, 1999, the Election Commission appointed nearly 2000 Observers. They were General Observers and Election Expenditure Observers. The main thrust of the role of the latter was to keep a special check on the amount that each candidate and party spent on the election. Keeping pace with the tremendous strides which the information technology has made globally, the Election Commission has also not lagged behind in using that technology for efficient electoral management and administration and dissemination of information relating to the activities of the Commission. The Commission launched a Website of its own on 28th February, 1998. It is now a comprehensive resource centre for Indian Elections and all election laws, manuals, handbooks published by the Election Commission for the guidance of election authorities, political parties and candidates, and all key statistics, starting from the First General Elections in 1951-52 to the latest elections in October, 1999, are available on this Website. It can be accessed from the following addresses: www.eci.gov.in, www.election-india.com and www.india-election.coni. At the time of last elections in October, 1999, the Commission's Secretariat was directly connected with nearly 1500 counting centres, across the country, and the round-wise counting results were being fed into the Commission's Website from those counting centres, through the Commission's communication network, and those results were instantly available throughout the world.

INTRODUCTION

With its vast experience of conducting elections in the largest democracy of the world over the last five decades, the Election Commission of India is now regarded as a great store-house of expertise and in-depth knowledge of election laws and procedures. The Commission uses the cheapest, yet most effective, technology to conduct elections, to which more and more countries, particularly the developing democracies in Asia and Africa, are getting attracted and showing keen interest to adopt the same in their electoral system. India is a founding member of the International Institute for Democracy and Electoral Assistance (IDEA), Stockholm, Sweden. In the recent past, the Election Commission of India has greatly expanded international contacts by way of sharing of experience and expertise in the areas of Electoral Management and Administration, Electoral Laws and Reforms. Delegates of the Commission have visited Sweden, U.K., Russia, Bangladesh, and the Philippines in recent years. Election officials from the national electoral bodies and other delegates from several countries — Australia, Bangladesh, Ethiopia, Nepal, Nigeria, Peru, Russia, South Africa, Sri Lanka, Sudan, Surinam, Thailand, Uganda, United States and Zambia — have visited the Commission for a better understanding of the Indian Electoral Process. The Commission has also provided experts and observers for elections to other countries, like, Algeria, Cambodia, Nigeria, Indonesia, Malawi and South Africa, in co-operation with the United Nations, the Commonwealth Secretariat and International IDEA. In 50 years since independence, India has already held 13 Parliamentary and numerous State Assembly elections in a federal polity. In the world's largest electoral process, now having a voting population of 614 million, 6 national, 48 regional parties, all in hard democratic contention in a developing society, this has been a unique experience. During this period we have developed a sophisticated legal frame-work, a comprehensive but inexpensive administrative system using the existing resources of the State, and a complex democratic relationship between the political parties and the Commission, in order to ensure free, fair and peaceful elections. India remains a reservoir of democratic electoral knowledge for similarly placed countries, particularly in Africa and Asia. We have focused on an


inexpensive system, and even our electronic voting machine is indigenous, foolproof and cheap. We in the Election Commission are always available to help others striving for better democracy. Within India, the political and economic tensions have naturally grown in a free society. The Election Commission has, therefore, to always devise better systems and seek better ideas for maintaining the high reputation of Indian elections. In recent years the Commission has projected even more than ever, its constitutional independence and determination to give a level playing field to all political parties in its central observers, and strong enforcement of the code of conduct for political parties. The Commission has enhanced the fairness of Indian elections and therefore made a contribution to the strengthening of Indian democracy for the next century. The Commission has always looked for new systems and technologies, be they electronic voting machines, computerisation of electoral rolls and their publication in CD ROM Disk, the establishment of a compressive website for world information dissemination, the allocation of free time on National Radio and TV to all political parties for their election propaganda, and the laying down of a sophisticated country-wide computer system in the Commission for constant interaction, sharing of information and even close supervision of election processes, including counting in a sub-continent level country. The effort for better technology and systems will continue. The Election Commission of India is optimistic about the health of Indian democracy in the next century because of the collective endeavour of the Commission the political parties, the voters and all thinking and aware citizens.

CHAPTER II

GENERAL ELECTION TO L O K SABHA, 1996 along with General Elections to Legislative Assemblies of the States of Assam, Haryana, Kerala, Tamil Nadu and West Bengal and Union Territory of Pondicherry

Introductory The term of the Tenth Lok Sabha was up to 8th July, 1996. The term of the following State/UT Legislative Assemblies was also to expire around the same time:State / UT

2.

Term of the House

1.

Kerala

28.06.1996

2.

Haryana

08.07.1996

3.

West Bengal

17.07.1996

4.

Pondicherry

25.07.1996

5.

Assam

28.07.1996

6.

Tamil Nadu

28.07.1996

Under section 14 and section 15 of the Representation of the People Act,

1951, the Election Commission is under a statutory mandate to hold general elections to Lok Sabha and State Legislative Assemblies any time within a period of six months before the expiration of the term of the House concerned. 3.

Preparations for these general elections were taken up in right earnest from

the last quarter of 1995 itself. The Commission had a series of regional meetings

22


with State authorities and political parties in different States of the country. The Commission had also detailed deliberations with the Central Government, particularly the Ministry of Home Affairs who was to make available the central police forces for deployment during elections. Simultaneously, the Commission took up the revision of electoral rolls in the entire country with reference to 1st January, 1996 as the qualifying date, so that the latest updated rolls could be used for these general elections.

ELECTION PROGRAMME 4.

Keeping in mind the views expressed by the Government of India, State

Governments, Political Parties, etc., and in the interest of voters and to cut down avoidable expenditure of the Government, parties and candidates, the Commission decided to hold these elections to Lok Sabha and the above Legislative Assemblies simultaneously. 5.

The State of Jammu & Kashmir was then under President's Rule. After

. several rounds of discussions with officials of the Ministry of Home Affairs, Government of India, on the current situation in that State, the Commission decided to hold the general election to Lok Sabha from that State along with the rest of the country, though there was a demand in certain quarters to segregate the elections from the State in view of the special law and situation prevailing there. It was decided that there would be a three day poll in that State, whereas in other States the poll was decided to be taken either on a single day or in two phases. In addition, a totally new concept of elections by means of postal ballots was introduced, by special amendment to law, in respect of those voters of the State who had migrated from their homes in Kashmir valley and were temporarily staying in some transitory camps in Jammu, Delhi and elsewhere. 6.

General elections were also due to the State Legislative Assemblies of Jammu

& Kashmir and Uttar Pradesh, which were then under President's Rule. But it was decided to hold these elections only when the Central Government communicated readiness to revoke President's Rule.

13

GENERAL ELECTION TO LOK SABHA, 1996

7.

In deciding the schedule for elections, the Commission took into account

the weather and climatic conditions, agricultural operations, holidays, festivals, schedules for examinations for schools and colleges, and the deployment of adequate police forces. 8.

The Commission announced the programme for holding general election

to Lok Sabha, on 19th March, 1996. The same programme was decided to be adopted for the simultaneous general elections to State Legislative Assemblies of Assam, Haryana, Kerala, West Bengal, Tamil Nadu and the Union Territory of Pondicherry. 9.

The Commission fixed the following programme for holding these general

elections to Lok Sabha and State Legislative Assemblies :(a)

Date of issue of notification, calling the general election, by the President (in the case of Lok Sabha), by the Governors (in the case of State Legislative Assemblies) and by the Lt. Governor (in the case of Pondicherry Legislative Assembly)

27.03.1996 (Wednesday)

(b)

Last date for making nominations


(c)

Date for scrutiny of nominations

04.04.1996 (Thursday)

(d)

Last date for the withdrawal of candidatures

06.04.1996 (Saturday) [except in Nagaland where it was 8th April, 1996 (Monday)]

(e)

Date(s) of Poll States/UTs Andhra Pradesh, Assam, Haryana, Himachal Pradesh, Karnataka, Kerala, Punjab, Rajasthan, Tamil Nadu, Andaman & Nicobar Islands, Chandigarh, Delhi, Lakshadweep and Pondicherry

27.4.1996


14

Andhra Pradesh, Arunachal Pradesh, Bihar, Goa, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Meghalaya, Orissa, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh, West Bengal, Dadra & Nagar Haveli, Daman & Diu

2.05.1996

Bihar, Gujarat, Jammu & Kashmir, Madhya Pradesh, Maharashtra, Manipur, Mizoram, Nagaland, Orissa, Tripura, Uttar Pradesh, West Bengal

7.05.1996

Jammu & Kashmir

23.05.1996

Jammu & Kashmir

30.05.1996

LOK SABHA GENERAL ELECTION 10.

It was decided to have two day poll in the States of Andhra Pradesh, Bihar,

Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal. The poll in Jammu & Kashmir was spread over 3 days. All other States and Union Territories went to the polls on a single day. The dates of poll and number of Parliamentary constituencies, which went to poll on various dates, are given at Appendix I. 11.

However, some minor changes had to be made in the above mentioned

programme for the Lok Sabha elections, as follows :(a)

Poll in 41-Nalgonda (Andhra Pradesh) and 25-Belgaum (Karnataka) Parliamentary Constituencies was postponed, and held on 27th May, 1996 due to exceptionally large number of contestants (480 in Nalgonda, and 456 in Belgaum).

(b)

The hours of poll in 41-Nalgonda (Andhra Pradesh) were fixed from 7.00 A.M. to 7.00 P.M.

(c)

The hours of poll in 25-Belgaum (Karnataka) were fixed from 7.00 A.M. to 6.00 P.M.


Nominations, Scrutiny and Withdrawals 12. The process of filing nomination papers for general election to Lok Sabha started on 27th March, 1996 and concluded on 3rd April, 1996 in all the 543 Parliamentary Constituencies throughout the country. A total number of 20,583 nominations was filed. 942 nominations were rejected on scrutiny on 4th April, 1996 and 5,689 nominations were withdrawn by the stipulated date. Consequently, 13,952 candidates were left in the field for 543 Parliamentary Constituencies. Model Code of Conduct 13.1 The Commission has evolved a Model Code of Conduct for the guidance of political parties and contesting candidates. The Model Code lays down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign. It intends to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter till the results are declared. The Model Code is also applicable to the parties in power, both at the Centre and in the States. This ensures that there is a level playing field between all contesting parties and candidates during the election campaign. 13.2 The Model Code of Conduct comes into force from the date of announcement of elections by the Commission. Accordingly, the said code became operative w.e.f. 19.3.1996, in the case of these general elections. Regulation of Plying of Vehicles on Polling Days 14.1 The hiring or procuring or use of vehicles by a candidate or his agent or by any other person with their consent for the free conveyance of any elector to and from the polling stations is a corrupt practice and an electoral offence under the Representation of the People Act, 1951. In order that no harassment is caused to the general public using vehicles for their own bona fide purpose, the Commission has regulated the use of vehicles at local level. 14.2 On the day of poll, each candidate in a Parliamentary Constituency is allowed one vehicle, for his own use, and one more vehicle for each of the Assembly segments comprised in the Parliamentary Constituency for the use of his election agent or his workers or party workers. In the case of an Assembly Constituency, each candidate is allowed to use only two vehicles.

15


14.3

These regulations were applicable for the general elections also.

The Commission issued instructions for taking strict action under the provisions of the Representation of the People Act in addition to action under Motor Vehicles Act, 1951, against the persons found violating the law and the regulations. Prohibition on Sale of Liquor 15.

As per standard practice, the Commission recommended to all State

Governments that two days immediately preceding the date of poll, the day of poll, and the day following it, the day preceding the day of counting, the day(s) of counting and the day following the day of counting should be declared as the dry days under the excise laws of the State. Security Arrangements 16.1

The Commission issued instructions to all State Governments to identify

sensitive and trouble-prone areas from the point of view of elections. Such measures are a necessary safeguard against the evil and corrupt practices of booth capturing, intimidation of voters, large-scale impersonation, violence, etc. The State Governments were also asked to ensure that adequate and fool-proof security arrangements were made, both inside and around the counting centres as well, to prevent any untoward incident likely to vitiate the counting process. Further, the State Governments were instructed to ensure that, as far as practicable, Central Police forces were deployed at counting centres. 16.2 1

As further measures to ensure free, fair and peaceful elections, the

Commission issued instructions that issue of licenses for arms should be totally prohibited, during the election period, commencing with the date of announcement of elections and till the completion of election process. Prohibitory orders under section 144 of the Criminal Procedure Code, 1973 were also asked to be issued by the competent authorities, banning the carrying of licensed arms, from the date of announcement of election till the completion of election process. 16.3

At the instance of the Commission, the police also started mopping

operations to unearth and seize unlicensed arms and ammunition. Several preventive arrests of persons with doubtful antecedents were also made.


Observers 17.

Further, the Commission appointed as many as 1,099 General Observers

to oversee that the elections were conducted in a free and fair manner. In addition, the Commission also appointed 514 Election Expenditure Observers for closely watching, analyzing and reporting the instances of misuse of money power by political parties and candidates for manipulating the will of electors. The Commission also appointed additional 54 observers in sensitive constituencies. POLL 18.

Polling in the general election passed off, by and large, peacefully. In 2,870

cases, where polling booths had been captured or some unlawful activities had taken place at the time of poll, the Commission declared the poll at these polling stations as void and ordered fresh poll under section 58(2) read with section 58A(2) of the Representation of the People Act, 1951. 19.

The total electorate for the general election was 59,25,72,288, out of which

34,33,08,035, i.e., 57.94%, voters cast their votes in the elections. Counting of Votes 19.1

The counting of votes in respect of each Parliamentary Constituency and

Assembly Constituency was taken up, after prior approval of the Commission. The counting of votes was fixed in all States (except Jammu & Kashmir)on 8th May, 1996 at 8.00 A.M. In respect of the constituencies which went to poll on 7th May, 1996, the counting of votes was taken up at 8.00 A.M. on 9th May, 1996. In view of time constraints, the Commission made relaxation in the case of these constituencies (which went to poll on 7* May, 1996), and permitted the Returning Officers to take up the counting, without seeking its prior approval, subject to the condition, among others, that the Returning Officer was satisfied that there was nothing on record which militated against the commencement of counting. 19.2

The counting of votes in Jammu & Kashmir was taken up on 1st June,

1996 in all the Parliamentary Constituencies, except 5-Udhampur where the counting of votes was taken up on 3rd June, 1996.

\-f


18

20.

The counting of votes in respect of all Parliamentary Constituencies, except

one constituency each in the States of Andhra Pradesh, Karnataka, Bihar and Jammu & Kashmir, was completed successfully by 10th May, 1996. 21.

The number of seats contested and seats won and percentage of votes polled

by various parties was as under :-

National Parties Party

Seats contested

Seats won

Percentage of votes polled

01 All India Indira Congress (Tiwari)

321

4

1.46%

02 Bharatiya Janata Party

471

161

20.29%

03 Communist Party of India

43

12

1.97%

04 Communist Party of India (Marxist)

75

32

6.12%

05 Indian National Congress

529

140

28.80%

06 Janata Dal

196

46

8.80%

07 Janata Party

102

0

0.19%

08 Samata Party

81

8

2.17%

1818

403

69.08%

State Parties

451

127

21.34%

Registered Unrecognised Parties

1048

4

3.29%

Independents

10,635

9

6.28%

Grand Total

13,952

543

100%

Total


19

Due Constitution of Eleventh Lok Sabha 22.

The Commission issued the "Due Constitution" notification under section

73 of the Representation of the People Act, 1951, notifying the names of members elected to the eleventh Lok Sabha, on 15th May, 1996. The first meeting of the new (Eleventh) Lok Sabha was held on 23td March, 1996. GENERAL ELECTIONS TO STATE LEGISLATIVE ASSEMBLIES 23.

As mentioned above, the general elections to the Legislative Assemblies

of Assam, Haryana, Kerala, Pondicherry, Tamil Nadu and West Bengal were held simultaneously with the Lok Sabha elections from these States/Union Territory. Accordingly, all stages of election schedules for both the elections in these States/ UT were common, as given in para 9 above. Nominations, Scrutiny and Withdrawals 24.

Simultaneously, with the filing of nomination papers for elections to Lok

Sabha, the process of filing nominations for Assembly elections in the above mentioned States/UT also commenced on 27th March, 1996 and concluded on 3rd April, 1996. These nomination papers were taken up for scrutiny on 4th April, 1996. The withdrawal of candidatures was allowed up to 6th April, 1996 in these States/UT, except Nagaland where the last date for the purpose was 8th April, 1996 (6th & 7th April, 1996 being public holidays in that State). 25.

Table below shows the number of nominations filed, nominations rejected

on scrutiny and candidatures withdrawn in relation to Assembly elections in the above States/UT :State /UT

1

Assam Haryana

No. of Constituencies

Nominations filed

Nomina- Candidatures Contesting Maximum withdrawn candidates tions no. of rejected contesting candidates in a constituency

2

3

4

5

6

7

126

1487

41

218

1228

28

90

4821

188

2025

2608

76


20

140

2076

63

812

1201

20

Pondicherry

30

494

10

214

270

17

Tamil Nadu

234

8275

412

2846

5017

1033

West Bengal

294

2726

56

635

2035

23

Kerala

Electors, Voters and Polling Stations 26.

The total electorate in each of the above States/UT for the purposes of

these general elections is shown in the table below. The table also shows the number of voters who voted at these elections and also the total number of polling stations provided for taking the poll there :State/UT

Electorate

Voters

Poll Percentage

Polling Stations

1

2

3

4

5

1,21,191,125

95,64,434

78.92

15,770

Haryana

1,11,55,242

78,68,951

70.54

15,446

Kerala

2,06,67,409

1,47,06,806

71.16

23,333

Pondicherry

6,33,635

4,77,329

75.33

798

Tamil Nadu

4,24,78,965

2,84,39,249

66.95

54,789

West Bengal

4,56,19,132

3,78,37,831

82.94

61,253

Assam

Counting of Votes and Declaration of Results 27.

Counting of votes in all these States/UT commenced on 8th May, 1996. It

was completed everywhere in 2 to 3 days, without any problem. Election in Madakurichi (Tamil Nadu) 28.

For the election from 118-Madakurichi Assembly Constituency in Tamil

Nadu, a somewhat different programme had to be adopted, as an exceptionally large number (i.e., 1033, highest ever so far in any election in India) of contesting

21


candidates jumped into the electoral fray, with the intention of creating hurdles in the conduct of election from the constituency, as part of some agitation being resorted to by the residents there on some local issues. The poll in that constituency was taken on 1st June, 1996, instead of 2nd May, 1996, as originally scheduled. The hours of poll were also re-fixed from 7.00 A.M. to 7.00 P.M. The ballot papers had to be specially printed in the form of a booklet of sheets an innovation, because ballot papers in all previous elections anywhere in India have been printed only on a single sheet. Further, special ballot boxes of very big size had also to be got manufactured for reception of the ballot papers which were in the form of booklets. Countermanded Elections in Assam 29.

Elections in 52-Dispur, 97-Dergaon (SC), 104-Nazira and 124-Margherita

Assembly Constituencies in the State of Assam had to be countermanded due to the death of certain candidates set up by recognised political parties in the State in these constituencies. The elections from these constituencies were subsequently held in September-October, 1996 and the poll was taken on 11th October, 1996. Due Constitution of Legislative Assemblies 30.

After the completion of counting and declaration of results, the

Commission issued notifications under section 73 of the Representation of the People Act, 1951, duly constituting the new Legislative Assemblies for the above States/UT. The table below shows the date of issue of the Commission's 'Due Constitution' notification and the date of the First Meeting of the new Assembly in each of these States/UT :State/UT

Assam Haryana Kerala Pondicherry Tamil Nadu West Bengal

Date of Commission's 'Due Constitution' Notification

Date of Assembly's First Meeting

13.5.1996 13.5.1996 14.5.1996 14.5.1996 13.5.1996 16.5.1996

12.6.1996 22.5.1996 29.5.1996 10.6.1996 22.5.1996 10.6.1996


22

Performance of Political Parties 31.

The number of seats contested and seats won by various political parties

and the votes polled by them in above mentioned States/UT are shown in the table below :ASSAM Party

Seats Contested

Won

NATIONAL PARTIES AIIC (T)

2 4 3 2 34 0 0

SAP

108 117 11 10 122 34 1 1

Total

404

45

96 5

59 5

101

64

UMFA URMCA

5 5 10 6 5 12 20 9

0 0 0 0 0 0 2 0

Total

72

2

IND

651

11

Total

651

11

1228

122

1. 2. 3. 4. 5. 6. 7.

JD JP

8.

BJP CPI CPM INC

0

STATE PARTIES 9. AGP 10. ASDC Total REGISTERED (Unrecognised) PARTIES 11. 12. 13. 14. 15. 16. 17. 18.

AMB CPI (ML) (L) ICS

RCPI(R) SHS SP

INDEPENDENTS 19.

Grand Total

23


HARYANA Party NATIONAL PARTIES AIIC (T) 1. 2. 3. 4. 5. 6. 7. 8.

Seats Contested

Won 3 11 0

62 25 9 8 90 47 26 89

0 9 0 0 24

356

47

HVP

65

33

Total

65

33

1 3

67 3 2 10 18 2 1 3 1 17 26

0 0 0 .0 .0 0 0 0 0 0 0 0 0 0 0 0

165

0

2022

10

Total

2022

10

Grand Total

2608

90

BJP CPI

CPM INC

JD JP SAP Total

STATE PARTIES 9.

REGISTERED (Unrecognised) PARTIES 10. 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.

ABHM ABJS ARS BHJS BKDQ) BSP BSP(A) FBL ICC JHM JSTP PPNMS RKP RPI SHS SP Total

INDEPENDENTS 26. IND

4 5 2


24

KERALA Party

Seats Contested

Won

NATIONAL PARTIES 1. 2 3. 4. 5. 6. 7. 8.

SAP

8 127 22 62 94 13 21 9

0 0 18 40 37 4 0 0

Total

356

99

9 10 22

3 5 13

41

21

1 12 3 6 1 15 4 10 2 4 50 6 16 1 1

0 0 0 0 0 0 1 6 1 2 0 5 0 0 0

132

15

672

5

672

5

1201

140

AIIC(T)

BJP CPI

CPM INC

JD JP

STATE PARTIES

9. ICS 10. KEC(M) 11. MUL Total REGISTERED (Unrecognised) PARTIES

12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.

BLP BSP CMPKSC FBL ILC INL JPSS KEC KEC(B) KEC(J) PDP RSP SHS SLAP SWJP Total

INDEPENDENTS 27. IND Total Grand Total

25


PONDICHERRY Party

Seats Contested

Won

NATIONAL PARTIES 5

JD JP

14 3 3 20 6 8

0 0 2 0 9 1 0

Total

59

12

10 18

3 7

28

10

6 1 6 3 5 5

0

0 0 0 1 5

26

6

157

2

Total

157

2

Grand Total

270

30

1. 2. 3. 4. 5.

AIIC(T) BJP CPI CPM INC

6. 7.

STATE PARTIES 8. ADMK 9. DMK

Total REGISTERED (Unrecognised) PARTIES 10. BSP 11. CPI (ML) (L) 12. MDMK 13. MGRK 14. PMKTMC(M) 15. TMC(M) Total INDEPENDENTS

16. IND


26

TAMIL NADU Seats

Party

Won

Contested

NATIONAL PARTIES

1. 2. 3. 4. 5.

AIIC(T) BJP CPI CPM INC

6. 7.

JD JP

8.

SAP

46 143 11 40 64 16 13

0 1 8 1 0 1 1 0

383

12

ADMK DMK MDMK PMK TMC(M)

169 182 177 116 40

4 173 0

Total

683

220

50

Total STATE PARTIES

9. 10. 11. 12. 13.

4 39

REGISTERED (Unrecognised) PARTIES

Seats Contested Won

Seats Contested Won 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.

AINMK APMK ATMK BMC BSP

CPI(ML)(L) FBL

3 1 19 1 9 9 1

HRPI

2

ICS

6

KMK MELPHC 25. MGRK 26. MGRM

7 1 2 1

0 0 0 0 0

0 1 0 0 0 0 0 0

27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38.

MMS

PJP RPI

RPI(S) SHS

THMM

TLJ TNHVYK TNKMI TNMC TZP

UCPI Total

1 1 5 2

0 0

13 1 3 1 1 2 1 1

0 0 0 0 0 0 0 0

94

1

0 0

INDEPENDENTS

39. IND

3857

1

Total

3857

1

Grand Total

5017

234

27


WEST BENGAL Seats

Party

Contested

NATIONAL PARTIES 1. AIIC(T) 2. BJP 3. CPI 4. CPM 5. INC

Won 0 0 6 157 82 0

6.

JD

7.

SAP

29 292 12 217 288 5 16

Total

859

245

34 23

21 18

57

39

STATE PARTIES 8. FBL 9. RSP Total

0

REGISTERED (Unrecognised) PARTIES

Seats Contested Won

Seats Contested Won 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

ABGJ ABHM ABJS AICDBPP AMB BMSM BSP

CPI (ML) (L) FB(S) GNLF

HJKP IDPP

INDEPENDENTS 39. IND Total Grand Total

3 2 1 1 46 2 48 30 20

3 2 3

0 0 0 0 0 0 0 0 1 3 0 0

22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

INL

IUML

JKP LKP(N) LMM JMM(M) MUL PBRML RCPI(R) SHS SWJP Total

7 1 5 8 26 5 20 5 2 33 2

0 0 0 1 0 0 0 0 0 0 0

275

5

844

5

844

5•

2035

294

CHAPTER III


along with General Elections to State Legislative Assemblies of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura

Introductory The Eleventh Lok Sabha was duly constituted on 15th May, 1996. It held its first meeting on 22nd May, 1996 and was normally to continue up to 21st May, 2001. On 28* November, 1997, Shri Inder Kumar Gujral, the then Prime Minister of India, submitted his resignation and that of his Council of Ministers, to the President of India. The President held prolonged discussions with political parties with a view to exploring possibilities of forming an alternative Government. As a result of this, it became clear that no political combination in the Lok Sabha was in a position to offer or receive the lawfully valid support of the critical minimum number of Members of Parliament required by that combination to secure a majority in the House. Thereupon, the President, by an order under sub-clause (b) of clause (2) of Article 85 of the Constitution of India, dissolved the Lok Sabha on 4* December, 1997. The President also directed the constitution of the new Lok Sabha by 15th March, 1998. Thus a mid-term general election to Lok Sabha became due to be held urgently within a very short period. 2. '

The Legislative Assemblies in the States of Himachal Pradesh and Gujarat

were also prematurely dissolved by the Governors of these States on 24* December, 1997 and 25th December, 1997 respectively, necessitating the holding of general


election to constitute new State Legislative Assemblies there. 2.1

The term of the Legislative Assemblies of the States of Meghalaya, Nagaland

and Tripura was also due to expire in the next six months, and general elections were thus due there also before these dates :State

Term of the House up to

Meghalaya

01.03.1998

Nagaland

17.03.1998

Tripura

13.05.1998

Electoral Rolls 3.

At the time when the Lok Sabha was dissolved in December, 1997, the

Commission was engaged in carrying out the exercise of revising and updating the electoral rolls throughout the country, with 1.1.1998 as the qualifying date. Due to sudden dissolution of the Lok Sabha and elections becoming imminent all over the country, it was apprehended that there might be attempts in certain quarters to stuff the electoral rolls. Therefore, for the first time, the Commission went into the constituency-wise details of the number of claims and objections filed in various constituencies in the country, and where any abnormality was observed, special monitoring and field visits were organised to ensure that the fidelity of the electoral rolls was not tampered with by any unscrupulous elements. 4.

The revised electoral rolls for the entire country with 1.1.1998 as the

qualifying date were published on 5.1.1998. Inclusions or deletions in or from the electoral rolls as per the law are a continuous process till the last date for making nominations in the Constituency. However, it is reasonable to apprehend that when the elections are on the anvil there would be over enthusiasm in these respects on the part of several vested interests. Therefore, the Commission issued detailed instructions on how inclusions or deletions could be allowed during the interregum between publication of rolls and the elections that were scheduled to be held a month and a half later. . 5.

It is worth mentioning that drawing up of electoral rolls for the State of

Assam had always been a difficult operation scheme for the Commission due to


the peculiar problem of the foreigners' issue in the State. Therefore, the Commission had embarked on an intensive revision of electoral rolls in Assam with 1.1.1997 as the qualifying date. These rolls were published on 9th December, 1997. The special feature of the rolls brought out by the Commission for Assam, in this case, was to mention in the rolls itself those who, in the eyes of the law, have a disputed status regarding citizenship. Subsequently, after the publication of the rolls, the Commission issued directions saying that somebody whose citizenship is under legal doubt shall not have the right to vote or the right to contest. This decision remains in force till today. Interaction with Government of India, Political Parties etc. 6.

Soon after the dissolution of Lok Sabha on 4th December, 1997, the

Commission held detailed interaction with the representatives of National and State recognised political parties on the 22nd and 23rd of December, 1997, regarding matters connected with the ensuing General Elections. 7.

The Commission also held detailed consultations with the Ministry of

Home Affairs, Government of India and obtained detailed inputs on the security and law and order situation in the country and the relevant security aspects in regard to holding of general elections to Lok Sabha and the above mentioned five State Legislative Assemblies. 8.

The Commission, after taking into account all relevant factors, decided to

hold simultaneous elections to Lok Sabha and the State Legislative Assemblie-s of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura. The Commission also decided to hold simultaneously bye-elections to fill 21 casual vacancies, then existing in various other State Legislative Assemblies. 9.

During the previous elections in 1996, due to certain compelling reasons,

the elections in the State of J & K had been segregated from the rest of the country. The Commission had conducted general elections to the Lok Sabha by first conducting the election in the entire country, and only thereafter conducting them in the State of Jammu & Kashmir. For the 1998 elections, after discussions with senior State officials headed by the Chief Secretary, Jammu & Kashmir, and also after discussing extensively with the Ministry of Home Affairs, the Commission

T>\


decided to conduct elections in the entire country including Jammu & Kashmir in an integrated fashion. This, however, gave rise to certain logistic problems in movement of Central police forces to assist in the conduct of elections in the country. Accordingly, it was decided that the elections would be carried out for the entire country in three phases, with a fourth phase covering three of the six constituencies of the State of Jammu & Kashmir. Similarly, the intervening period between each phase was worked out keeping in mind the large scale movement of police forces from one State to another. To ensure that by and large throughout the country the duration of the campaign period for a candidate remains the same, for the first time since 1971, general elections with multiple notifications were envisaged keeping the campaign period around 14 days. This would, it was felt, have also the necessary impact on the keeping of expenditure towards campaigning to reasonable levels.

Election Programme 10.

In fixing the programme of election, the Commission kept the following

considerations in view :(a)

The campaign period in all States and UTs should as far as practicable be kept at the minimum. Therefore, multiple schedules for Lok Sabha elections were fixed and four sets of notifications calling the elections were issued by the President and the Commission on different dates.

(b)

For the States of Andhra Pradesh, Bihar, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Tamil Nadu, Uttar Pradesh and West Bengal, it was decided to have a two day poll.

(c)

For the State of Jammu & Kashmir, a three day poll was considered desirable.

(d)

For all the remaining States and Union Territories, which included all the five States of Gujarat, Himachal Pradesh, Meghalaya, Nagaland and Tripura, where Assembly elections were also held simultaneously, it was decided to have a single day poll.


(e)

.

The counting of votes was decided to be taken up on 8th and 9th March, 1998, (i.e. after the completion of poll in all States and Union Territories, except in some constituencies in Jammu & Kashmir) except in the case of Meghalaya. In the case of Meghalaya, the counting of votes was decided to be taken up on 23rd February, 1998, as the term of the State Legislative Assembly was up to 1st March, 1998 and the new Assembly was to be constituted by that date.

11.1

The Commission announced the programme for General Elections to Lok

Sabha, and the five State Legislative Assemblies, and also for the bye-elections, at a largely attended Press Conference, by both the national and international media on 1st January, 1998. 11.2

The Commission fixed the following schedule for holding these elections

simultaneously.(a)

For all Parliamentary and Assembly Constituencies in the States of Meghalaya and Tripura : (a)

Date of issue of President's /Governor's

20.01.1998 (Tuesday)

notification calling the general election

(b)

(b) Last date for making nominations

27.01.1998 (Tuesday)

(c)


Date for the scrutiny of nominations

(d) Last date for withdrawal of candidatures

31.01.1998 (Saturday)

(e)

Date of poll

16.02.1998 (Monday)

(f)

Date of completion of election

12.03.1998 (Thursday)

For all Parliamentary Constituencies in the States and Union Territories of Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Haryana, Karnataka, Manipur, Punjab, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh, Andaman & Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, NCT of Delhi and Lakshadweep, and for one Parliamentary Constituency in the State of Jammu & Kashmir :

33

•24


(a)

Date of issue of President's notification


calling the general election (b) Last date for making nominations


(c) Date for the scrutiny of nominations

29.01.1998 (Thursday)


31.01.1998 (Saturday)

(e) Date(s) of poll

16.02.1998 (Monday) and 22.02.1998 (Sunday)

(f) (c)


12.03.1998 (Thursday)

(i) For all Parliamentary and Assembly Constituencies in the States of Gujarat, Himachal Pradesh and Nagaland. (ii) For all Parliamentary Constituencies in the States and Union Territories of Goa, Kerala, Madhya Pradesh, Maharashtra, Orissa, West Bengal and Pondicherry. (iii) For two Parliamentary Constituencies in the State of Jammu & Kashmir. (a)

Date of issue of President's/Governor's


notification calling the general election (b) Last date for making nominations


(c)

05.02.1998 (Thursday)



07.02.1998 (Saturday)

(e) Date(s) of poll

22.02.1998 (Sunday) and 28.02.1998 (Saturday)

(f) (d)


12.03.1998 (Thursday)

For three Parliamentary Constituencies in the State of Jammu & Kashmir. (a) Date of issue of President's notification calling the general election

10.02.1998 (Tuesday)


12.

35

(b)

Last date for making nominations

17.02.1998 (Tuesday)

(c)



(d)

Last date for withdrawal of candidatures

20.02.1998 (Saturday)

(e)

Date of poll

07.03.1998 (Saturday)

(f)


12.03.1998 (Thursday)

The hours of poll were fixed from 7.00 A.M. to 4.00 P.M. in respect of

Arunachal Pradesh, Assam, Jammu & Kashmir, Himachal Pradesh, Manipur, Mizoram, Meghalaya, Nagaland, Sikkim and Tripura States.

In respect of

remaining States and Union Territories, the hours of poll were fixed from 7.00 A.M. to 5.00 P.M.

GENERAL E L E C T I O N T O LOK SABHA Minor Changes in Election Schedule 13. Some minor changes were made subsequently in the above programme of election for Lok Sabha. The date of poll in 25-Belgaum and 26-Chikodi (SC) Parliamentary Constituencies in Karnataka State was changed to 22.02.1998 from 16.02.1998, as fixed earlier, due to a local Jathra. The date of poll in 2-Mandi Parliamentary Constituency in Himachal Pradesh and 4-Ladakh Parliamentary Constituency in Jammu & Kashmir was postponed to 21 st June, 1998, due to adverse weather conditions. The date of poll in respect of 20-Coimbatore Parliamentary Constituency in Tamil Nadu was rescheduled to 28th February, 1998, due to law and order problems. The poll in 8 polling stations of 5-Udhampur Parliamentary Constituency could also not be taken on the scheduled date, as polling parties failed to reach the polling stations due to adverse weather conditions. The poll in these polling stations was taken on 15th April, 1998. Nominations, Scrutiny and Withdrawal 14.

As per the programme given above, the process of filing nomination papers

for General Election to Lok Sabha started from 20th January, 1998. A total number of 6,219 nominations were filed for 543 Parliamentary Constituencies in the entire


country. 829 nominations were rejected on scrutiny and 640 candidatures were withdrawn. Consequently, 4,750 contesting candidates were left in the field. In four constituencies, there was a direct contest between two contesting candidates each. The highest number of contestants was 34 in 18-Ongole Parliamentary constituency in Andhra Pradesh. There was a sharp decline in the number of contesting candidates, in comparison to the General Election held to Lok Sabha in 1996, where the number of contestants was 13,952. This steep fall was mainly due to the increase in the amount of security deposit by candidates from Rs.500A to Rs. 10,000/- (half for SC/ST candidates) by amendment of the law in August, 1996. A further restriction was also placed, by the aforesaid amendment of law, on the nomination of candidates in that the candidates set-up by registered — unrecognised political or independent candidates were required to have at least 10 proposers for each of their nomination papers. Election Material 15.1

Necessary arrangements for procuring the election materials, like, Ballot

Boxes, Green Paper Seals, Arrow Cross Mark Rubber Stamps, Indelible Ink, Symbol Blocks, Printing of Ballot Papers, etc., were made smoothly and efficiendy. 15.2

The Commission approved the new design for green paper seals printed

with 4 prefixes and 6 digits (0OAA00OO0O), in place of 1 prefix and 7 digits (C0000000). Model Code of Conduct 16.

The Commission, immediately after the dissolution of the Lok Sabha,

conveyed that the Nation was now on "an active election mode" and that no transfers to all concerned election related officers should be made throughout the country. Any transfer in this regard due to administrative requirements was to be carried out with the prior approval of the Commission. 17.

Around the same time in the State of Uttar Pradesh, elections to the State

Legislative Council, where the electorate was represented by the Local Bodies, had already been announced by the Commission and were scheduled to be held towards the end of December, 1997. On the eve of these elections, the then Government


of Uttar Pradesh announced large scale devolution of funds to the local bodies. The Commission considered this to be vitiation of the electoral process and postponed these elections by a period of 20 days to 11.1.1998. 18.

The Commission announced its detailed schedule for elections, bringing

into force the Model Code of Conduct, on 1.1.1998. The Model Code of Conduct was brought into force by the Commission throughout the country to ensure level playing field between contesting candidates and political parties. A special problem was brought out that due to the constitutional provisions, some of the State legislatures had to meet within a period of six months, when the Model Code of Conduct was in force. With the elections having been announced in these States, there were apprehensions expressed by some opposition parties in those States that the political executive taking the advantage of such meeting of the Assembly, might announce populist schemes on the floor of the House., The Commission, while appreciating such apprehension, was also conscious of the sanctity provided under the Constitution to constitutional bodies, likt>, the State Legislature. Therefore, the Commission addressed a letter to the Chief Ministers of these States, stating that while the Commission was conscious of the constitutional obligation and sanctity of the Legislative Assembly, the Legislature also in turn should respect the Commission's constitutional mandate of conducting free and fair elections. To the credit of these Assemblies and the maturity that the Indian democratic process has gained, the Commission's views were respected and no populist schemes were announced by any Legislative Assembly on the subject that could have any impact on the free and fair nature of the electoral process. In one of the States, just on the eve of elections, the State Government appointed certain members of the opposition parties as Chairmen of some public undertakings, obviously with a view to winning them over for the ruling party. It was considered to be a violation of the Model Code of Conduct and these appointments were held back at the intervention of the Commission. Plying of Vehicles 19.

The Commission issued instructions that cars/vehicles, which are used in

electioneering purpose, shall not move in convoys of more than three vehicles

37

TO


from the date of notification till the completion of election. In the case of persons provided with security, the number of vehicles was restricted to three vehicles plus security vehicles. The contesting candidates were required to register the vehicles used by them for electioneering purposes with the District Election Officer. Prohibition of Liquor, etc. 20.

A new section 135C has been inserted in the Representation of the People

Act, 1951 in 1996: "135C Liquor not to be sold, given or distributed on polling day.— (1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, catering house, tavern, shop or any other place, public or private, within a polling area during the period of forty eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area." 21.

In addition to this, the Commission has recommended to the State

Governments that the day after the day of poll, the day before the day of counting of votes, the day(s) of counting of votes and the day following the day of counting should also be declared as 'dry days' under the excise laws of the State. Political Parties, Splits and Mergers 22.

Another unwelcome feature which the country had been witnessing over

the last several decades was the initial split of parties, often well established, into various splinter groups on the eve of elections due to intraparty disputes mainly on the questions of candidates that the parties intended to set up or the alliances that parties wished to make with each other. In the run up to the 1998 general elections, this phenomenon was witnessed in its most alarming proportions in as much as light new splinter groups came to be formed because several recognised political parties on the national and regional levels split on these two counts. The Commission decided that, while it had nothing to do with the reasons for the splits of political parties as we had no wish to impose its will on the free flow of the politics in the county, it would not grant recognition to splinter groups just


on the basis of a few members of Parliament or State Legislature in their folds, as used to be die practice in the past. The Commission was of the view that an elected representative of the undissolved party would not carry with him the electoral mandate that he had obtained as a candidate set up by the original party with which he had now parted company and formed a new group. The Commission, therefore, took a stand that recognition of a political party shall only be extended by the Commission only on the basis of its own poll performance at the next general elections. However, the Commission also took into consideration the ground reality that the political arena had become used to the earlier practice of the Commission whereby the splinted groups were granted recognition, a total and sudden departure from the past practice may cause an unwelcome disturbance i n the equilibrium in the political process. Therefore, it adopted a via media of one-time concession to the splinter groups and permitted them to contest the general elections to the Lok Sabha and the State Legislature Assemblies on the basis of a common symbol, but without granting them formal recognition. Security Arrangements 23.1

The Commission issued detailed instructions to the State Governments/

Chief Electoral Officers for sending daily reports on law and order situation, starting from 16th January, 1998, till the completion of election process in the State. The reports were to include, inter-alia, the information relating to number of unlicensed arms/explosives seized, persons killed or injured in police action, polling persons killed/injured, and details of important incidents, etc. 23.2

The Commission also allowed the deployment of Home Guards for the

conduct of elections. This was subject to the condition that the Home Guards should have been recruited before 1st December, 1997 after following the normal recruitment procedure. 23.3

The Commission also allowed the deployment of Ex-servicemen, retired

policemen, including retired members of the Central Para Military Forces, subject to the condition that the services of only those persons shall be utilised, who had retired during the last five years. It was further stipulated that the persons so deployed should be able bodied and shall not be deployed in their native tehsils/ blocks or talukas.

39

An


Special Arrangements for Postal Ballot Papers in Kashmir 24.1

The Commission made special arrangements for Kashmiri migrants residing

in Delhi, Jammu and elsewhere, for exercising their franchise through postal ballot papers. Such migrants were enrolled in the following assembly constituencies in Kashmir and were residing at Delhi and elsewhere:1-Karnah, 2-Kupwara, 3-Lolab, 4-Handwara, 5-Langate, 6-Uri, 7-Rafiabad, 8-Sopore, 9-Gurez, 10-Bandipora, 11-Sonawari, 12-Sangrama, 13-Baramulla, 14-Gulmarg and 15-Pattan 24.2

In order to facilitate the migrant voters to make their applications for postal

ballot papers and send their postal ballots, special postal boxes were placed at Tis Hazari Courts Building and Jammu & Kashmir House, Prithvi Raj Road. 24.3

Further, five gazetted officers were posted at both these centres to make

necessary certification on these applications for postal ballot papers (Form 12C) upon production of necessary evidence of identity of the Kashmiri migrants. Observers 25.

The Commission appointed 1,073 General Observers to oversee that the

elections were conducted in a free and fair manner. The Commission also appointed 547 Election Expenditure Observers for monitoring and reporting the instances of misuse of money power for manipulating the will of electors. All the Observers were required to remain present in the counting centres at the time of counting of votes. For this purpose, 67 additional observers for counting were also appointed. Polling 26.1

Polling in the general election passed off, by and large, peacefully. The poll

was held in 7,73,494 polling stations. In 6,611 cases, repoll was held as the booths were captured or some unlawful activities or procedural irregularities had taken place at the time of poll. 26.2

The total number of electorate was 60,58,84,103. 37,54,54,034 voters cast

their vote. The percentage of poll was 61.97%. During the general election to Lok Sabha in 1996, the percentage of poll was 57.94%.


27.

The Commission kept a tight watch over the conduct of elections. For the

State of Bihar, special arrangement was made for the printing of ballot papers in Delhi and Faridabad at the Central Government presses and these ballot papers were air-lifted by special planes. In Patna parliamentary constituency, large scale complaints of booth capturing were received by the Commission on the date of poll and a senior official of the Commission was deputed to make an on-the-spot inquiry. As a result of that inquiry, the poll for the entire Patna parliamentary constituency was declared void and a fresh poll was taken on 30th March, 1998. The officials who had bungled in the conduct of free and fair elections were transferred out and fresh poll was conducted under a new set of officials and by induction of Central Para Military Forces. Similarly, detailed inquiry was conducted in respect of two other parliamentary constituencies in Bihar and UP for which the Commission had received large scale complaints regarding the conduct of free and fair elections. Having gone into these complaints, the Commission ordered large scale repolls in the two constituencies of Madhepura in Bihar and Baghpat in Uttar Pradesh. These repolls were conducted under heavy security and in case of Baghpat where large scale impersonation had taken place, static videos were placed outside the polling stations to negate this electoral abuse. Counting of Votes 28.

Fool-proof arrangements were made for safe custody of polled ballot boxes

after the poll. The Chief Secretaries/ Chief Electoral Officers were asked to ensure that Central Police Forces were deployed, as far as practicable, in appropriate strength at the places where boxes were stored to avoid any untoward incident. 29.

The Commission issued detailed instructions regarding counting centres

for counting of votes. Adequate arrangements for fire engines, fire extinguishers, emergency lights, etc., were made in and around counting centres. 30.

Making a significant departure from the past practice, which was resulting

in delayed commencement of counting in many cases, this time, the Commission directed that the Returning Officers were not required to obtain prior permission from the Commission for commencement of counting of votes. The Commission also decided that only such cases, where the margin between the votes secured by

41


42

the first two leading candidates was less than 1% of the total valid votes polled by all candidates in the constituency, need be referred to the Commission for clearance of declaration of result. These instructions quickened considerably the pace of counting of votes and declaration of results. 31.

The Commission, for the first time, started to evolve a procedure by which

round-wise results from all constituencies were made available after each round in the country. 32.

The counting of votes for the two parliamentary constituencies in

Meghalaya was taken up on 23rd February, 1998. It was taken up early along with the counting of votes for the State Legislative Assembly which had to be completed well before the normal expiry of the term of that Assembly on 1st March, 1998. The counting of votes in other parliamentary constituencies, where the poll was taken on the scheduled dates, was taken up on 8th March, 1998 at 8.00 A.M. 33.

The counting of votes in respect of all Parliamentary Constituencies, except

35-Patna in Bihar, 2-Mandi in Himachal Pradesh, 4-Ladakh and 5-Udhampur in Jammu & Kashmir, was completed by 10th March, 1998. 34.

The number of seats contested and seats won by various parties are shown

in Annexure III. ANNEXURE III Party

I.

II.

Seats contested

National Parties Bharatiya Janata Party Bahujan Samaj Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal Samata Party State Parties

III. Registered Parties (Unrecognised) IV. Independents

Seats won


1493

387

388 251 58 71 477 191 57

182 5 9 32 141 6 12

67.98% 25.59% 4.67% 1.75% 5.16% 25.82% 3.24% 1.76%

471

101

18.79%

871

49

10.87%

1915

6

2.37%


43

Due Constitution of Twelfth Lok Sabha 35.

The Commission issued the 'Due Constitution' notification under section

73 of the Representation of the People Act, 1951, notifying the names of elected members to constitute the Twelfth Lok Sabha, on 10th March, 1998. It was for the first time that the 'Due Constitution' notification issued by the Commission indicated the party affiliation, if any, of the elected members in the notification. The first meeting of the new Twelfth Lok Sabha was held on 23rd March, 1998.

STATE ASSEMBLY ELECTIONS 1. GUJARAT LEGISLATIVE ASSEMBLY The Legislative Assembly of Gujarat was dissolved by the Governor on 25

th

December, 1997. The Commission decided to have general election to the

State Legislative Assembly simultaneously with the general election to Lok Sabha. 2.

The Commission forwarded its recommendation to the Governor of

Gujarat for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly Constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

Date of issue of Governor's notification calling the general election

'

28.01.1998

(b)

Last date for making of nominations

04.02.1998

(c)

Date of scrutiny of nominations

05.02.1998

(d)


07.02.1998

(e)

Date of poll

28.02.1998

(f)

Date before which the election shall be completed

12.03.1998

(g) 3.

Hours of poll

7.00 A.M. to 5.00 P.M. '

The process of filing of nomination papers started on 28th January, 1998.

A total number of 2,040 nominations were filed. 437 nominations were rejected and 478 nominations were withdrawn. 1,125 candidates were left in the field for


44

182 Assembly constituencies. There were 2 contesting candidates in one constituency. The maximum number of candidates in a constituency was 16. 4.

The total electorate was 2,87,74,443. 35,011 polling stations were set up for

casting votes by voters. 1,70,63,160 electors voted during the elections. Poll percentage was 59.30% 5.

The poll was by and large peaceful. Repoll was held in 48 polling booths

of 9 Assembly constituencies due to booth capturing, etc. The counting of votes in respect of all constituencies was taken up on 8th

6.

March, 1998. All the results were declared without any problem. 7.

The number of seats contested and seats won by various parties are

under : Party

Seats

Seats

Percentage of

contested

won

votes polled

Bharatiya Janata Party

182

117

44.81%

Communist Party of India

007

000

00.08%

Communist Party of India (Marxist)

001

000

00.12%

Indian National Congress

179

053

34.85%

Janata Dal

091

004

02.63%

Samata Party

008

000

00.05%

Republican Party of India

011

000

00.03%

Shiv Sena

005

000

00.02%

Samajwadi Party

033

001

00.40%

168

004

11.68%

415

003

05.24%

National Parties

State Parties

Registered (Unrecognised) Parties All India Rashtriya Janata Party Independents Independents


8.

•

45

The Commission's 'Due Constitution' notification under section 73 of

Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 4th March, 1998. The first meeting of the new State Legislative Assembly was held on 19th March, 1998. 2. HIMACHAL PRADESH LEGISLATIVE ASSEMBLY The Legislative Assembly in the State of Himachal Pradesh was prematurely dissolved by the Governor on 24th December, 1997 on the advice of the State Council of Ministers. The Commission decided to have general election to the State Legislative Assembly simultaneously with general elections to Lok Sabha. 2.


Himachal Pradesh for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

calling the general election

28.01.1998

(b)


04.02.1998

(c)


05.02.1998

(d)


07.02.1998

(e)

Date of poll

28.02.1998

(f)


12.03.1998

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.00 A.M. to 5.00 P.M.


A total number of 535 nominations were filed. 100 nominations were rejected and 66 nominations were withdrawn.

369 candidates were left in the field for 68

assembly constituencies. There was no straight contest in any constituency — three


being the minimum number of contesting candidates in a constituency. The maximum number of candidates in a constituency was nine. 4.

The poll in 1-Kinnaur (ST), 54-Bharmour (ST) and 55-Lahaul and Spiti (ST)

Assembly constituencies was postponed due to adverse weather conditions. The poll in these three constituencies was taken on 3rd June, 1998. 5.1

Poll for elections for 65 seats was held on 28* February, 1998. The counting

of votes was taken up on 2nd March, 1998. 5.2

During the intervening period, i.e., after the polling on 28.02.1998 and prior

to the commencement of counting, the candidate set up by the Bharatiya Janata Party in 39-Pragpur (SC) Assembly constituency expired. After the counting process was over, it was found that he had won the election from this assembly constituency. Accordingly, the bye-election to fill this seat was held on 3rd June, 1998, along with the postponed elections to three Assembly seats. The counting of votes in respect of postponed elections from 3 Assembly constituencies and the bye-election was taken up on 6th June, 1998. 6.

Even in June, 1998, helicopters were used for lifting of polling personnel,

security personnel and election materials in the tribal and snow-bound areas of Kinnaur, Lahaul-Sipiti and Pangi-Bharmour. 7.

The total electorate was 36,28,864. 6230 polling stations were set up for

casting votes by voters. 25,84,784 electors voted during the elections. Poll percentage was 71.23% 8.

The counting of votes in respect of 65 Assembly constituencies was taken

up on 2nd March, 1998. 9.

The number of seats contested and seats won by various parties was as

under: -

47


Party

Seats

Seats Percentage of

contested

won

votes polled

Bharatiya Janata Party

68

31

39.02%

Bahujan Samaj Party

28

00

01.41%


14

14

00.43%

Communist Party of India (Marxist)

11

11

00.53%


68

31

43.51%

Janata Dal

21

00

00.75%

Shiv Sena

06

06

00.11%

Samajwadi Party

14

00

00.12%

62

05

09.63%

52

01

04.18%

National Parties

State Parties

Registered (Unrecognised) Parties Himachal Vikas Congress Independents Independents 10.


Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 9th March, 1998. The first meeting of the new State Legislative Assembly was held on 12th March, 1998. 3. MEGHALAYA LEGISLATIVE ASSEMBLY The Lok Sabha was dissolved by the President of India on 4th December, 1997. The President also directed the constitution of the new Lok Sabha by 15th March, 1998. The term of the then existing Legislative Assembly of Meghalaya was up to 1st March, 1998. The Commission decided to have simultaneous elections to the State Legislative Assembly along with the general election to Lok Sabha.


2.


Meghalaya for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)


20.01.1998

(b) Last date for making of nominations

27.01.1998

(c)


28.01.1998

(d)


31.01.1998

(e)

Date of poll

16.02.1998

(f)


(g) 3.

Hours of poll

23.02.1998 7.00 A.M. to 4.00 P.M.




assembly constituencies. There was a direct contest between two contesting candidates in one constituency.

The maximum number of candidates in a

constituency was 14. 4.

The total electorate was 11,57,494. 1,569 polling stations were set up for

casting votes by these voters. 8,62,215 electors voted during the elections. Poll percentage was 74.52% 5.

The counting of votes in respect of all Assembly constituencies was taken

up on 23rd February, 1998. The counting of votes was delinked from other States and taken up earlier as the term of the existing Legislative Assembly was to expire on 1st March, 1998. All the results were declared within two days.


49

6.

The number of seats contested and seats won by various parties was as under: Party

Seats

Seats

Percentage of

contested

won

votes polled

National Patties Bharatiya Janata Party

28

03

05.01%


09

00

00.17%


59

25

35.03%

Janata Dal

01

00

00.00%

Hill State Peoples Democratic Party

19

03

06.77%

Samajwadi Party

05

00

00.09%

United Democratic Party

56

20

26.99%

Garo National Council

16

01

02.11%

People's Democratic Movement

19

03

06.95%

85

05

16.16%

State Parties

Registered (Unrecognised) Parties

Independents Independents 7.


Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 25th February, 1998. The first meeting of the new State Legislative Assembly was held on 9th March, 1998. 4. NAGALAND LEGISLATIVE ASSEMBLY The normal term of the Legislative Assembly of Nagaland was up to 17th March, 1998. The Commission decided to have simultaneous elections to the State Legislative Assembly, along with the general election to Lok Sabha, which had become due on the premature dissolution of the Eleventh Lok Sabha on 4th December, 1997.


2.


Nagaland for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)

calling the general election

28.01.1998

(b)


04.02.1998

(c)


05.02.1998

(d)


07.02.1998

(e)

Date of poll

22.02.1998

(f)


12.03.1998

(g) 3.

Date of issue of Governor's notification

Hours of poll

7.00 A.M. to 4.00 P.M.




Assembly constituencies. There was, however, no contest in 43 Assembly constituencies, because some of the parties had given a call for boycott of the general election. There were 2 contesting candidates in 15 constituencies. The maximum number,of candidates in a constituency was four. 4.

The total electorate in the 17 Assembly constituencies where poll took place

was 2,60,646. 1,573 polling stations were set up for casting votes by these voters. 205,788 electors voted during the elections. Poll percentage was 78.95%. 5.

The counting of votes in respect of all Assembly constituencies which went

to the polls was taken up on 7th February, 1998.


6.

51

All the results were declared without any problem. The number of seats

contested and seats won by various parties was as under: Seats contested

Party

Seats won


National Parties Indian National Congress Party

60

53

50.73%

20

07

49.27%

Independents Independents

The Nagaland Poeple's Council, a recognised State party in Nagaland at the time of the elections, boycotted the elections, resulting in its losing the recognition as the party failed to fulfil the conditions mentioned in paragraph 6 of the Election Symbols (Reservation and Allotment) Order, 1968. In its order withdrawing the recognition of that party as a state party in Nagaland, the Commission observed that "In the current political situation in the country, parties, big or small, often threaten to promote a boycott of the democratic process. In rare instances they actually carry out the threat and boycott the electoral process. It is the view of the Commission that political parties, particularly, recognised political parties, should always act so as to carry forward the democratic process rather than negate the same. The Commission has, therefore, consistently and firmly tried to curb this tendency of boycott of elections by any political party. The major problems in the political domain in the country have to be resolved in the political arena itself. It has to be resolved democratically through the electoral process. The Commission is heartened by the fact that its stand has been accepted by the highest Court in the land. Therefore, through its stand in the instant case, the Commission once again reiterates its position and sends a clear signal to all parties that the democratic electoral process would not be allowed to be thwarted through boycott, whatever be the reasons for the same. While taking this stand, the Commission shall of course, continue to exert to create conditions for free and fair elections and to bring about a level playing field between contesting parties and candidates."

52

MAJOR EVENTS &c NEW INITIATIVES

7.


Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued, on 4th March, 1998. The first meeting of the new State Legislative Assembly was held on 23rd March, 1998. *Note :

1. 43 candidates returned uncontested. 2. Number of votes polled pertains to 17 constituencies only where polling took place.

5. TRIPURA LEGISLATIVE ASSEMBLY The normal term of the Legislative Assembly of Tripura was up to th

13 May, 1998. The Commission decided to have simultaneous elections to the State Legislative Assembly, along with the general election to Lok Sabha, which became due on the premature dissolution of the Eleventh Lok Sabha on 4th December, 1997. 2.

The Commission forwarded its recommendation to the Governor of Tripura

for issuing notification under section 15 of the Representation of the People Act, 1951, calling upon the Assembly constituencies to elect members to the State Legislative Assembly, as per the following schedule: (a)


20.01.1998

(b) Last date for making of nominations

27.01.1998

(c)

28.01.1998



31.01.1998

(e) Date of poll

16.02.1998

(£) Date before which the election shall be completed

12.03.1998

(g) Hours of poll 3.

'

'

7.00 A.M. to 4.00 P.M.

The process of filing of nomination papers started on 20h January, 1998. A

total number of 331 nominations were filed. 39 nominations were rejected and 22 nominations were withdrawn. 270 candidates were left in the field for 60 Assembly


53

constituencies. There were minimum 3 contesting candidates in one constituency. The maximum number of candidates in a constituency was 9. 4.

The total electorate was 17,27,659. 2,367 polling stations were set up for

casting votes by these voters. 13,96,565 electors voted during the elections. Poll percentage was 80.84% 5.

The counting of votes in respect of all Assembly constituencies was taken

up on 2nd and 3rd March, 1998. All the results were declared promptly. 6.

The number of seats contested and seats won by various parties was as

under: Party

National Parties Bharatiya Janata Party Communist Party of India Communist Party of India (Marxist) Indian National Congress Janata Dal State Parties All India Forward Bloc Revolutionary Socialist Party Tripura Upajati Juba Samiti

Seats

Seats

Percentage of

contested

won

votes polled

03

00 01 38 13 00

05.87% 01.38% 45.49% 43.55% 00.24%

01 02 10

00 02 04

00.56% 50.36% 07.19%

60

02

03.29%

60 02 55 45

Independents Independents

7.


Representation of the People Act, 1951, notifying the names of elected members and their party affiliations, was issued on 10th March, 1998. The first meeting of the new State Legislative Assembly was held on 23rd March, 1998.

CHAPTER IV

GENERAL ELECTION TO LOK SABHA, 1999 along with General Elections to State Legislative Assemblies of Amnachal Pradesh, Andhra Pradesh, Karnataka, Maharashtra and Sikkim

Introductory The 12th Lok Sabha was duly constituted on 10th March, 1998. It held its first meeting on 23rd March, 1998 and was normally to continue up to 22nd March, 2003. On 17th April, 1999, Shri Atal Bihari Vajpayee, the then Prime Minister of India, submitted his resignation and that of his Council of Ministers, to the President of India, consequent on the defeat on that day of the Motion of Confidence in the Council of Ministers moved in the Lok Sabha. The President held extensive discussions with the political parties to explore the possibilities of forming an alternative Government. As no viable alternative emerged, the President, by an order under sub-clause (b) of clause (2) of Article 85 of the Constitution of India, dissolved the 12th Lok Sabha on 26* April , 1999 to transact some urgent business. Thus, a mid-term General Election to Lok Sabha became due well before the 21st October, 1999, so that the new House could meet within six months of the last sitting of the earlier House, as required under clause (1) of Article 85. 2.

Before the dissolution of the 12th Lok Sabha took place, the Commission

had already embarked on 11 February, 1999, upon its constitutional and legal duty to update the electoral rolls for the entire country with reference to 01.01.1999


as the qualifying date in the normal course of its business. This time, extensive technological inputs were being put to use in the preparation of the rolls, so that cleaner and more accurate electoral rolls became available for usage in the country. The rolls were to be computerized with the photo identity card number of the elector being mentioned in the electoral rolls itself. Not only this, but they were to be brought out in an integrated fashion in bound copies by amalgamating the supplements of the previous years, and were also to be brought out in CD-ROMs. The campaign for revision of electoral rolls had been decided to be conducted on a much wider and extensive scale and in a style similar to the 'pulse polio' drive. In the period allocated for making claims and objections for inclusions or deletions in each constituency, on four separate days — two Saturdays and two Sundays — all the polling stations were to be manned by election officials to receive those applications close to the places of residence of intending applicants. When we keep in mind that this exercise was to cover 600 million plus electors spread over a sub-continent, the enormity of the task becomes mind-boggling. 3.

As soon as the Lok Sabha was dissolved in April, 1999, a demand was

made by a section of the political parties that elections should be conducted immediately in May-June itself. Another section of the political parties, however, demanded that the elections should be held only after the revision of electoral rolls then underway, as it would be improper to disenfranchise all those millions of young boys and girls who had attained the age of 18 years on 1.1.1999. 4.

The Commission met various delegations from major political parties who

came forward with their views on the conduct of elections, particularly, in regard to the period during which the elections should be held. The Commission found these views of various political parties of immense help to it in its internal deliberations. But before taking my final view in the matter, the Commission decided to meet formally all recognised political parties, and accordingly, a meeting with them was held on 3rd May, 1999. At this meeting also, the opinion was sharply divided over the scheduling of these elections. 5.

The task before the Commission as to when to hold these elections within

the six months period available to it was thus an unenviable one, as the period involved the heat-wave then sweeping across the country with mercury touching


48 degrees Celsius in some parts, monsoon entering the sub-continent towards the end of May and the rainy season continuing in different parts of the country till almost the end of August. The possibility of floods ravaging certain parts of the country in September-October also made the identification of period for actual conduct of elections a difficult exercise. 6.

The Commission also could not overlook the requirement of law that the

electoral rolls should be revised before every general election. It could not think of any justifiable reason to rescind the process of revision of electoral rolls already set in motion since 11th February, 1999 and to fall back upon the rolls of 1998. The Commission also took into account the multifarious tasks that it had necessarily to undertake before embarking on this gigantic electoral exercise. The Commission had to hold repeated dialogue with the Ministry of Home Affairs regarding the availability and deployment of Central Security Forces and rotating them within the sub-continent. It had to hold extensive discussions with the apex level officials of law and order authorities of the States, particularly those States where the electoral process was apprehended to be affected by violence on the ground. It had to hold detailed discussions with officials of the IMD and other concerned organisations regarding flood situation in certain parts of the country. Discussions were needed with officials of the Department of Personnel in order to mobilize and deploy more than 2000 Central Observers for these elections. The availability of teaching staff at the school level, who form the bulk of polling staff in elections in all the States and Union Territories in the country, and also of the school buildings for use as polling stations, had to be ensured. 7.

Keeping all these in view and also keeping in view the arguments and

counter arguments, both legal and factual, advanced by the major political parties in the country, the Commission decided that general elections should be held in September-October, only after the completion of the process of revision of electoral rolls in the country, and accordingly it announced its decision in this regard on 4th May, 1999, to set at rest all speculation and confusion on this score. The Commission clarified at the time of the announcement that the detailed election schedule would be announced at a later date, and that the Model Code of Conduct would come into force only when the detailed schedule was announced.

57

gg


8.

The Commission also held detailed discussions with the Prime Minister,

who was assisted by the Home Minister, External Affairs Minister and the National Security Adviser to the Government of India, on 2nd July, 1999 to get the perceptions of the Government of India in the matter. 9.

The Commission then held a second round of meeting with the National

Political parties on 3rd July, 1999, for their perceptions and pre-election discussions. 10.

To assess the impacts of the then prevailing law and order situation in

Jammu and Kashmir, on the conduct of elections there, the Commission held a separate meeting with the Chief Secretary, Home Secretary, Director General of Police and the Chief Electoral Officer of J&K and senior officers of Union Home Ministry on 5th July, 1999. 11.

In the wake of Kargil situation in the country, there was shortage of police

forces for the conduct of elections. The Commission held a meeting on 26th July, 1999, with the officers of the Ministry of Defence and Director General, NCC to explore the possibility of .deployment of NCC cadets for election related arrangements. It was decided that the deployment of NCC (senior) Cadets might be done at the polling stations, along with other security personnel. Detailed guidelines for deployment of NCC (senior) Cadets were then prepared in consultation with the Ministry of Defence. It was also decided not to deploy NCC (Girl) Cadets. 12.

The tejerhs of the Legislative Assemblies of Karnataka, Sikkim and Andhra

Pradesh were due to expire within the next six months, and general elections were thus due there also before those dates, as shown under :State x

Term of existing Legislative Assembly up to

Karnataka

25.12.1999

Sikkim

28.12.1999

Andhra Pradesh

10.01.2000

-


13.

The State Governments of Maharashtra and Arunachal Pradesh desired that

the elections to their State Legislative Assemblies might also be held simultaneously with the Lok Sabha Elections. Therefore, the Legislative Assemblies in the States of Maharashtra and Arunachal Pradesh were prematurely dissolved by the Governors of the States on 15th July, 1999 and 27th July, 1999 respectively, paving the way for holding of general elections to constitute new State Legislative Assemblies there. 14.

The Commission, after taking into account all relevant factors, decided to

hold simultaneous elections to Lok Sabha and the State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Karnataka, Maharashtra and Sikkim. The Commission also decided to hold, simultaneously, bye-elections to fill 17 casual vacancies, then existing in various other State Legislative Assemblies. 15.

In hind sight, it may be appropriate to comment that the Commission's

decision to hold the elections in September-October proved to be correct, as the full implications of the Kargil conflict came to light a little after its announcement in this regard on 4th May, 1999. In the Commission's view, holding of general elections in the country, when a warlike situation was being faced and addressed by the country, would not have been a welcome event, particularly, when the alternative of holding the elections at a later date was available. As it happened, the detailed schedule for the general elections, together with imposition of the Model Code of Conduct in the entire country was announced by the Commission on the 11 th July, 1999 which turned out to be the same date on which our neighbouring country conveyed its decision to withdraw its troops from the Kargil area. 16.

Though the month of September-October are relatively free from the fury

of monsoon in the country as a whole, but in certain pockets the effect of the rains, in so far as they disrupt means of communication and the orderly life, is very much there during that period. Also, the movement of security forces from one part of the country to another during this period is more difficult than during the dry season. Keeping all this in view, the Commission ordered five-phase poll in the country, pushing the Eastern and the North-Eastern parts of the country towards the last phase. To an extent, this exercise succeeded and the poll in only

59


four constituencies in Bihar and in a few areas of Madhya Pradesh involving three constituencies had to be postponed due to the flood situation prevailing in those constituencies. In the State of West Bengal, which went for a one-day poll, extraordinary measures had to be employed in several constituencies due to flooding of some areas in that State.

Election Programme 17.

In fixing the schedule for these elections, the Commission kept the

following considerations in view : (a)

The poll be taken in five phases, due to the reasons explained in the preceding paragraph.

(b)

As desired by the Union Home Ministry, a minimum of 5 to 6 days' interval be provided between each phase of polling, to enable the police forces to move from one State to another or from one part of the State to another and to take their new positions.

(c)

The campaign period in all States and Union Territories should, as far as practicable, be kept at the minimum. Therefore, five multiple schedules for poll for Lok Sabha elections were fixed, and the President and the Commission issued seven sets of notifications on various dates, for holding the elections according to those five schedules.

(d)

For the States / Union Territories of Arunachal Pradesh, Assam, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Meghalaya, Mizoram, Nagaland, Punjab, Sikkim, Tripura, West Bengal, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Delhi, Lakshadweep, and Pondicherry, it was decided to have a one-day poll.

(e)

For the States of Karnataka, Maharashtra, Manipur, Orissa, Rajasthan and Tamil Nadu, it was decided to have a two-day poll.

(f)

For the States of Andhra Pradesh, Bihar, Jammu and Kashmir, Madhya Pradesh and Uttar Pradesh, it was decided to have a three-day poll.


61

GENERAL ELECTIONS 1999 Summary of Schedules Schedule Numbers & Dates

si. Poll No. Event 1.

Announcement and

1

2

2A

3

4

5

5A

11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99

Issue of Press Note 2.

Issue of notification

11.08.99 17.08.99 12.08.99 21.08.99 30.08.99 07.09.99 03.09.99

3.

Last date for filing

18.08.99 24.08.99 19.08.99 28.08.99 06.09.99 14.09.99 10.09.99

nominations 4.

Scrutiny

19.08.99 25.08.99 20.08.99 30.08.99 07.09.99 15.09.99 15.09.99

of nominations 5.

Last date for

21.08.99 27.08.99 23.08.99 01.09.99 09.09.99 17.09.99 17.09.99

withdrawal of candidatures 6.

Date of poll

04.09.99 11,09.99 11.09.99 17.09.99 24.09.99 01.10.99 01.10.99

7.

Counting of votes on 05.10.99 05.10.99 05.10.99 05.10.99 05.10.99 05.10.99 05.10.99

8.

Date before which

20.10.99 20.10.99 20.10.99 20.10.99 20.10.99 20.10.99 20.10.99

the election shalf be completed Number of

16

7

2

5

8

146

103

21

79

72

9

1

States polling on this day Constituencies polling on this day Note : i)

Schedule 2A was only for Kerala;

ii) Schedule 5A was only for second .phase of Orissa.

111 •

11


18.

Subsequent to the announcement of Election Schedule, the Commission

received a large number of representations indicating certain difficulties on account of major local festivals, religious ceremonies and prayer timing on the poll days, and the days immediately preceding the same. Some State Governments also brought to the notice of the Commission difficulties in some areas on account of preoccupation of the security forces with management of law and order during these occasions. 19.

After taking into account all relevant factors, the Commission decided to

make the minimum necessary changes. Except for changes in some of dates of poll, the date of counting and the date before which the elections were to be completed, all other components in the different schedules, as earlier announced, remained unchanged. In short, following changes were made : (a)

Constituencies, earlier scheduled to vote on 4th September, 1999, voted on 5th September, 1999, except for Lakshadweep where poll was taken on the last Poll Day, i.e., the 3rd October, 1999.

(b)

There was no change in the Poll date for constituencies, which were scheduled for poll on 11* September 1999, except for Pondicherry, where poll was taken on the 1st Poll Day, i.e., 5th September, 1999.

(c)

The constituencies, earlier scheduled to vote on 17th September, 1999, voted on 18th September, 1999.

(d)

The constituencies, earlier scheduled to vote on 24th September, 1999, voted on 25th September, 1999.

(e)

The constituencies, earlier scheduled to vote on 1st October, 1999, voted on 3rd October, 1999, except the two constituencies in Meghalaya where poll was taken on 25th September, 1999.

GENERAL ELECTION TO I.OK SABHA, 1999

63

Accordingly, the revised Schedule of Election was as follows :-

GENERAL ELECTIONS 1999 Summary of Schedules SI.

Schedule Numbers & Dates

Poll

No. Event

1

2

2A

3

4

5

5A

1.

Announcement and Issue of Press Note

11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99 11.07.99

2.

Issue of notification

11.08.99 17.08.99 12.08.99 21.08.99 30.08.99 07.09.99 03.09.99

3.

Last date for filing nominations

18.08.99 24.08.99 19.08.99 28.08.99 06.09.99 14.09.99 10.09.99

4.

Scrutiny of nominations

19.08.99 25.08.99 20.08.99 30.08.99 07.09.99 15.09.99 15.09.99

5.


21.08.99 27.08.99 23.08.99 01.09.99 09.09.99 17.09.99 17.09.99

6.

Date of poll

05.09.99 11.09.99 11.09.99 18.09.99 25.09.99 03.10.99 03.10.99

7.

Counting of votes on 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99 06.10.99

8.

Date before which the election shall be completed Number of States polling on this day Constituencies polling on this day

10.10.99 10.10.99 10.10.99 10.10.99 10.10.99 10.10.99 10.10.99

16

7

1

5

9

9

1

146

103

20

79

74

110

11


64

Revised Schedule - 3rd August, 1999 General Elections - 1999

List of Constituencies in States with One Poll Day Code

States and Union Territories

Schedule No.

Date of Poll

No. of Constituencies*

S02

Arunachal Pradesh

5

3-Oct-99

2

S03

Assam

5

3-Oct-99

14

S05

Goa

1

5-Sep-99

2

S06

Gujarat

1

5-Sep-99

26

S07

Haryana

1

5-Sep-99

10

S08

Himachal Pradesh

4

25-Sep-99

4

Sll

Kerala

2A

ll-Sep-99

20

S15

Meghalaya

4

25-Sep-99

2

S16

Mizoram

4

25-Sep-99

1

S17

Nagaland

4

25-Sep-99

1

S19

Punjab

1

5-Sep-99

13

S21

Sikkim

5

3-Oct-99

1

S23

Tripura

5

3-Oct-99

2

S25

West Bengal

5

3-Oct-99

42

U01

Andaman & Nicobar Islands

1

5-Sep-99

1

U02

Chandigarh

1

5-Sep-99

1

U03

Dadra & Nagar Haveli

1

5-Sep-99

1

U04

Daman & Diu

1

5-Sep-99

1

U05

National Capital Territory of Delhi

1

5-Sep-99

7

U06

Lakshadweep

5

3-Oct-99

1

U07

Pondicherry

1

5-Sep-99

1

Total Constituencies * All Constituencies

153


65 rd

Revised Schedule - 3 August, 1999 General Elections - 1999

List of Constituencies in States with Two Poll Days KARNATAKA

S10 Schedule No. 1

Schedule No. 2

Poll Day 05-Sep-99

Poll Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

1.

Bidar

14.

Mandya

2.

Gulbarga

15.

Chamarajanagar

3.

Raichur

16.

Mysore

4.

Koppal

17.

Mangalore

5.

Bellary

18.

Udupi

6.

Davangere

19.

Hassan

7.

Chitradurga

20.

Chikmagalur

8.

Tumkur

21.

Shimoga

9.

Chikballapur

22.

Kanara

10.

Kolar

23.

Dharwad South

11.

Kanakapura

24.

Dharwad North

12.

Bangalore North

25.

Belgaum

13.

Bangalore South

26.

Chikkodi

27.

Bagalkot

28.

Bijapur


66


List of Constituencies in States with Two Poll Days MAHARASHTRA

S13 Schedule No. 1

Schedule No. 2

Poll Day 05-Sep-99

Poll Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

14.

Dhule

1.

Rajapur

15.

Nandurbar

2.

Ratnagiri

16.

Erandol

3.

Kulaba

17.

Jalgaon

4.

Mumbai South

18.

Buldhana

5.

Mumbai South Central

19.

Akola

6.

Mumbai North Central

20.

Washim

7.

Mumbai North East

21.

Amravati

8.

Mumbai North West

22.

Ramtek

9.

Mumbai North

23.

Nagpur

10.

Thane

24.

Bandara

11.

Dahanu

25.

Chimur

12.

Nashik

26.

Chandrapur

13.

Malegaon

27.

Wardha

32.

Jalna

28.

Yavatmal

33.

Aurangabad

29.

Hingoli

39.

Ahmednagar

30.

Nanded

40.

Kopargaon

31.

Parbhani

41.

Khed

34.

Beed

42.

Pune

35.

Latur

43.

Baramati

36.

Osmanabad

44,

Satara

37.

Solapur

45.

Karad

38.

Pandharpur

47.

Ichalkarnji

46.

Sangli

48.

Kolhapur


67

Revised Schedule - 3rd August, 1999 General Elections - 1999 List of Constituencies in States with Two Poll Days S14

MANIPUR

Schedule No. 4

Schedule No. 5

Poll Day 25-Sep-99

Poll Day 03-Oct-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

1.

Inner Manipur

2.

Outer Manipur

S18

ORISSA

Schedule No. 4

Schedule No. 5A

Poll Day 25-Sep-99

Poll Day 03-Oct-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

12.

Koraput

1.

Mayurbhanj

13.

Nowrangpur

2.

Balasore

14.

Kalahandi

3.

Bhadrak

15.

Phulbani

4.

Jaipur

16.

Bolangir

5.

Kendrapara

17.

Sambalpur

6.

Cuttack

18.

Deogarh

7.

Jagatsinghpur

19.

Dhenkanal

8.

Puri

20.

Sundargarh

9.

Bhubaneswar

21.

Keonjhar

10.

Aska

11.

Berhampur


68

Revised Schedule - 3rd August, 1999 General Elections - 1999 List of Constituencies in States with Two Poll Days

RAJASTHAN

S20 Schedule No. 1

Schedule No. 2

Poll Day 05-Sep-99

PoU Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

1

Ganganagar

6.

Jaipur

2.

Bikaner

7

Dausa

3.

Churu

8.

Alwar

4.

Jhunjhunu

9.

Bharatpur

5.

Sikar

10.

Bayana

21.

Pali

11.

Sawai Madhopur

22.

Jalore

12.

Ajmer

23.

Barmer

13.

Tonk

24.

Jodhpur

14.

Kota

25.

Nagaur

15.

Jhalawar

16.

Banswara

17.

Salumber

18.

Udaipur

19.

Chittorgarh

20.

Bhilwara


69


List of Constituencies in States with Two Poll Days TAMIL NADU

S22 Schedule No. 1

schedule No. 2

Poll Day 05-Sep-99

Poll Day ll-Sep-99

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

10.

Tindivanam

1.

Madras North

11.

Cuddalore

2.

Madras Central

12.

Chidambaram

3.

Madras South

15.

Rasipuram

4.

Sriperumbudur

24.

Madurai

5.

Chengalpattu

26.

Karur

6.

Arakkonam

27.

Tiruchirappalli

7.

Vellore

28.

Perambalur

8.

Tiruppattur

29.

Mayiladuturai

9.

Vandavasi

30.

Nagapattinam

13.

Dharmapuri

31.

Thanjavur

14.

Krishnagiri

32.

Pudukkottai

16.

Salem

33.

Sivaganga

17.

Tiruchengode

34.

Ramanathapuram

18.

Nilgiris

35.

Sivakasi

19.

Gobichettipalayam

36.

Tirunelveli

20.

Coimbatore

37.

Tenkasi

21.

Polachi

38.

Tiruchendur

22.

Palani

39.

Nagercoil

23.

Dindigul

25.

Periyakulam


70


List of Constituencies in States with Three Poll Days ANDHRA PRADESH

SOI Schedule No. 1

Schedule No. 3

Schedule No. 2

Poll Day 05-Sep-99

Polly Day ll-Sep-99

Poll Day 18-Sep-99

CONSTITUENCIES

CONSTITUENCIES

CONSTITUENCIES

No.

Name

No.

Name

No.

Name

17.

Narasaraopet

1.

Srikakulam

5.

Bhadrachalam

18.

Ongole

2.

Parvathipuram

13.

Vijayawada

19.

Nellore

3.

Bobbili

15.

Guntur

20.

Tirupathi

4.

Visakhapatnam

32.

Siddipet

21.

Chittoor

6.

Anakapalli

33.

Medak

22.

Rajampet

7.

Kakinada

34.

Nizamabad

23.

Cuddapah

8.

Rajahmundry

35.

Adilabad

24.

Hindupur

9.

Amalapuram

36.

Peddapalli

25.

Anantapur

10.

Narasapur

37.

Karimnagar

26.

Kurnool

11.

Eluru

38.

Hanamkonda

27.

Nandyal

12.

Machilipatnam

39.

Warangal

28.

Nagarkurnpol

14.

Tenali

40.

Khammam

29.

Mehboobnagar

16.

Bapatla

41.

Nalgonda

30.

Hyderabad

42.

Miryaiguda

31.

Secunderabad

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