Election Commission bound to respond
positively
and
Ball in Election Commission's Court
Vanam Jwala
Narasimha Rao
Millennium Post,
New Delhi (30-08-2018)
Telangana Today (30-08-2018)
The Hans India (31-08-2018)
The Hans India (31-08-2018)
Gossip…gossip…everywhere
gossip about the early polls in Telangana State. Some Newspapers even went to
the extent of predicting the date of dissolution of Telangana Assembly and the
possible period of election. Whenever Chief Minister K Chandrashekhar Rao visits
New Delhi and meets the Prime Minister Modi to pursue for early approvals for
the long pending state issues in his own characteristic style, the media gossips
about the elections with banner headlines. The media astrologers prediction
however may be worthwhile to analysis addressing the pros and cons of
dissolution of Assembly and going for early polls. And, if the Assembly is
dissolved what possible questions might arise out of it.
First and foremost is, what might be the conceivable
reasons for Chief Minister KCR to prefer a dissolution and go for early poll as
reported? Then, “Why Not”? KCR recommend to dissolve and seek fresh mandate? It
is absolutely and unequivocally CM KCR prerogative as Chief Minister enjoying undisputable
majority in the Assembly, to recommend for dissolution and when he prefers it, he
will take decision at appropriate time of his choice.
In India mesmerising the voter with false and
impracticable promises is taken for granted. Since first general elections this
has gone unchecked. Even the Constitutional body like Election Commission
maintains silence in preventing the political parties indulging in false
promises. Consequently it’s the voter who becomes a victim to it. For instance
the promises that are being made by one of the opposition parties that was in
power in the state for most of the time, that they would waive the Agriculture
Loans to a tune of Rs 2 lakhs in one go, double the Aasara pensions, grant
multiple pensions, give unemployment allowance, reduce the age limit for
pensions etc. if voted to power are ridiculous. Whether the financial
implications were worked out before announcing is a million dollar question. In
2009 elections also the same party made false promises, won the elections and
were in power for a full five-year term without fulfilling them.
If with these copious promises the voter is carried
away and misled and the lengthy time gap before the elections are held in
routine course becomes advantageous to political parties who announce them, an
unfortunate but highly unlikely situation might arise, wherein a dishonest and
unprincipled party could come to power. Then the result would be hindrance to
Bangaru Telangana? What should happen to the welfare and development of
Telangana? What should happen to the irrigation projects? What should happen to
the Mission Bhagiratha and Mission Kakatiya? What should happen to the Rythu
Bandhu and Rythu Bhima? And umpteen other such schemes and programs? After all
Telangana was achieved after a prolonged struggle and has to make a long
journey.
The Government of Telangana did a lot for the
welfare and development of people. There is of course lot more to be done.
Power problems have been overcome and the state is proceeding towards surplus
power and will it be possible if other than TRS is in power? What about taking
further forward the industrial policy of single window? To keep the farming
community harmoniously by strengthening further the Rythu Bandhu and Rythu
Bhima schemes we need a visionary governance of KCR. Who will further
strengthen rural economy in the absence of TRS government? And many more like
this.
Will these so called self-proclaimed parties and
its leaders be able to understand even an iota of the irrigation projects? Do
they know how much water will be available in any of the projects? Will they be
able to understand the intricacies of river water management and from where to
where water flows etc.? Should this be allowed? Never of Course!!! In a
democracy great individuals with righteous indignation should raise above every
level and see to it that people’s interests are protected come what may. That may
be precisely what KCR thinking looks like.
Against this
background, the question is, when and who can dissolve the Assembly? Assembly can be dissolved when the leader of the
majority of the ruling party makes a recommendation to the Governor. The
prerogative and timing entirely rests with leader of the majority and he or she
has absolute right to do so and none can question. If the news of dissolution that appear in media
in the recent past has any credibility, then, Chief Minister Telangana has
absolute right to recommend to the Governor, if he wishes to do so without
assigning any reason. KCR has the trust and
confidence of huge Majority of legislature and hence can recommend to the
governor of the state to dissolve the assembly and go for fresh polls.
After the Assembly is dissolved, elections are to
be held to constitute the next Assembly. The prerogative of announcing the
dates and conducting the elections belongs to the Election Commission who has
a timetable on the basis of which elections are held after the Assembly stands
dissolved. The Prime Minister has no role in this and does not fit into the
process constitutionally. Probably those who pose doubts may be thinking that
PM might influence the Election Commission and see to that the lections are not
held as desired and expected by KCR. But what benefit does the PM get by this?
And why should he resort to this?
As per the Constitution, not more than six
months must lapse before two sessions of Legislature. This means that
the Election Commission has no alternative and is bound to hold the
elections such that a new government can take office within six months of the
dissolution of the previous Assembly. According to Article 172 of Constitution which specifies
the term of Legislature, every
Legislative Assembly of every State, unless sooner dissolved, shall continue
for five years from the date appointed for its first meeting.
The Gujarat example and the then decision of
Election Commission cannot be quoted in the context of Telangana. The present
PM while CM of Gujarat, consequent to riots of 2002 supposed to be the worst ever in India's
troubled history, and at a time when BJP Governments were in control in both
New Delhi and Ahmedabad, decided to dissolve Assembly on July 19, 2002 and seek
fresh mandate of people. The EC took the view that although Article 174 of the
Constitution required the election to be held within six months from the last
session of the dissolved Assembly, this was not possible because the State was
still in turmoil, the electoral rolls were not ready, and the electoral
machinery needed reinforcement. However when
President referred the matter to Supreme Court it held that the six months within which elections were to be
held was from the date of dissolution of the Assembly.
This thus holds good, in the case of Telangana also
and if CM takes a decision to dissolve Assembly sometime in September, as has
been reported in media, the elections are bound to be conducted before March
2019. However, since elections are due sometime before December 2018 for states
of Mizoram, Chhattisgarh, Rajasthan and Madhya Pradesh, the Election Commission
of India has no option or alternate except to hold elections in Telangana too simultaneously,
if CM KCR prefers a dissolution of Assembly and seeks a fresh mandate, couple
of months earlier than scheduled.
