[CA] T. N. Seshan

v Tirunellai Narayana Iyer Seshan

v 10th Chief Election Commissioner of India (Dec 12, 1990 - Dec 11, 1996)

v 18th Cabinet Secretary of India in 1989

v He redeemed the autonomy and authority that the Constitution has bestowed upon ECI under Art. 324 of the Constitution.

v Won the Ramon Magsaysay Award for government service in 1996

v Some of reforms he implemented include enforcement of election code of conduct, Voter IDs for all eligible voters, limit on election candidates' expenditure, appointing election officials from states other than the one facing polls.

v He curbed several malpractices like bribing or intimidating voters, distribution of liquor during elections, use of government funds and machinery for campaigning, appealing to voters' caste or communal feelings, use of places of worship for campaigns, use of loudspeakers and high volume music without prior written permission.

v During the 1993 Indian general elections, due to his reforms, 1488 candidates were disqualified for three years for failing to submit their expenditure accounts. It was reported that he reviewed more than 40,000 expenditure accounts and disqualified 14,000 candidates for false information.

v After retirement as the Chief Election Commissioner, he contested the 1997 Indian presidential election and lost to K.R. Narayanan

[CA] Umesh Sinha Committee

The Committee constituted under the chairmanship of Sr. Deputy Election Commissioner Umesh Sinha to review and suggest modifications and changes in the provisions of the Section 126 and other sections of the Representation of the People Act 1951, provisions of Model Code of Conduct and any other ECI instruction in this regard has submitted its report to the Commission.

The task of maintaining campaign silence during last 48 hours before the conclusion of polling is becoming increasingly onerous in the light of the increasing influence of digital media. So, apart from the regulation by law and ECI instructions, the resolve, proactive support and sustained effort by all stake holders which include political parties, media, civil society organizations, academia and educational institutions, the youth and citizens at large, will remain necessary to contain the evil impact.

The Committee had the following scope of work:

(a) Study and examine the present provisions of the Section 126 and other related Sections of the Representation of the People Act, 1951 and identify difficulties/critical gaps to regulate the violation of the said provisions of the act, particularly during the prohibitory period of 48 hours before the completion of the poll, mentioned in section 126 and suggest necessary amendment/modification.

(b) Examine the type, category or growth of communication technology or media platform in the country and difficulties in regulating these media platforms during multiphase election when prohibitory period of 48 hours are in force.

(c) Impact of new media platforms and social media during the prohibitory period of 48 hours before the close of poll and its implication in view of the provisions of section 126.

(d) Examine the present provisions of Model Code of Conduct (MCC) related to the above issues and suggest modification in this regard.

[CA] Measures taken by EC for Tamil Nadu Assembly Elections, 2016

Election Commission Measures for 2016 TN Elections

Measures taken by the Commission for control of illegal money during General Elections to the Legislative Assembly of Tamil Nadu- 2016

Ø With a view to curb use of black money and likely inducement of Voters in the Assembly Election, 2016 comprehensive instructions have been issued by the Commission, which include formation of flying squads, static surveillance teams, video surveillance teams etc. with involvement of Police and other agencies such as Investigation Directorates of Income Tax Department, Customs etc.  State Excise Departments and Police authorities have been asked to monitor production, distribution, sale and storage of liquor and other intoxicants during the election process.

Ø 702 flying squads have been deployed in the state from the date of announcement of the elections i.e. 4th March 2016.  712 Static surveillance teams have also been deployed in all constituencies. Complaints relating to transportation of illegal cash, liquor, narcotics are being monitored round the clock.

Ø The notification for General Elections to Tamil Nadu Legislative Assembly was issued on 22nd April 2016, and to prevent abuse of money power, the Election Commission of India has taken several proactive steps and has involved different enforcement agencies, including the Investigation Wing of the Income tax Dept., which have made elaborate arrangements across the state for taking prompt action including conduct of search and seizure operations.

Ø As per report received from the Chief Electoral Officer, Tamil Nadu, on 22nd April 2016, the Income Tax Investigation Wing in Tamil Nadu carried out search and seizure operations in and around Chennai. The search based on intelligence developed by the Investigation Wing has resulted in seizure of Rs. 5.2 crore cash (approximately). The money seized was not related to normal business activity of the group and major part of it is suspected to be linked with hawala operations and was likely to be used in the upcoming election of Tamil Nadu.

Ø On the same day, i.e. 22nd April 2016, based on a tip-off, the Investigation Wing also conducted a search at Karur District in Tamil Nadu and recovered Rs. 4.77 crore in cash. Goods worth over one crore rupees in the form of dhotis and sarees etc, suspected to be used for inducement of voters, were found in the premise and the same has been placed under restraint.

Ø In addition, the Flying Squad in Coimbatore South Assembly Constituency seized an amount of Rupees 1.35 crore in the morning of 22nd April 2016 from two passengers travelling by an interstate bus, who were carrying the cash without any supporting advance.

Ø Prior to this an amount of Rupees 35.66 Crore had been seized in Tamil Nadu by various expenditure monitoring teams after announcement of elections in March 2016. The Commission has directed vigilance and monitoring to be stepped up across the state in the run up to the elections and number of such search and seizure actions will be further intensified to curb any such unaccounted money gaining access to the electoral process. Movement of cash, liquor and gift items will be strictly monitored. Strict action will be taken against persons attempting to induce voters by bribing. The Commission has directed all enforcement agencies in unequivocal terms that they should come down heavily on the offenders in all such cases.  Prejudiced conduct of any member of election expenditure monitoring team will also be viewed very seriously and strict action will be taken against such erring personnel.

Ø The Commission has further strengthened its strategy for dealing with the misuse of money in the elections. This, inter alia, involve increase in the number of Flying Squads and SSTs, inclusion of officials from the Central Govt and Central PSUs in the Flying Squad Teams, deployment of Central Police Forces personnel including in the Flying Squads etc. Teams of Special Observers have been deployed in the state to review the preparedness. Further, the number of Expenditure Observers has been increased several times. Probationary Officers of the Indian Police Service will also be deployed in each district to actively participate in Expenditure Monitoring and operation of the Flying Squads.

Ø The Commission has also directed to mount the campaign for ethical voting and encourage members of political parties, candidates and voters at large to take pledge for ethical voting.         

Election Commission has roped Twitter and Facebook to create awareness on the importance of voting.

TAMIL NADU: Legislative Assembly Elections 2016
Total Assembly Seats	234
For SCs	44
For ST2	2
VVPAT	17
Filing Nomination	April 22, 2016
End of Nomination	April 29, 2016
Date of Poll	May 16, 2016
Result	May 19, 2016

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[CA] Election Commission's SVEEP for 2016 State Elections

Election Commission’s SVEEP for 2016 State Assembly Elections

In view of the ongoing elections, the Election Commission of India has systematically undertaken various SVEEP (Systematic Voters' Education and Electoral Participation) initiatives to ensure inclusive and ethical participation in all the five election going states. SVEEP initiatives in West Bengal and Assam has led to huge voters’ turnout during 1st Phase of poll in both the States. State wise steps being undertaken under SVEEP  by the Commission are as follows:

West Bengal & Assam

·       Target specific initiatives being taken to make elections accessible to all especially Persons with Disability, marginalized segments, identified vulnerable groups and senior citizens.

·       West Bengal has the unique distinction of identifying electors with disability PS wise. Special facilitations are being extended to this category of voters.

·       BMF (Basic Minimum Facilities) were ensured at all Polling Stations – i.e. drinking water, adequate lighting, ramps, help desks etc

·       All Women polling Stations were set up in identified locations to spread the message of participation especially among women. 1532 Women polling stations and 3452 Model Polling stations are set up across West Bengal.

·       Voter slips being distributed to each and every elector on the voter list. Reminder messages being sent by the election machinery on the poll day through sms, as tickers on television and cable TV and through FM radio.

·       Booth Awareness groups are activated at every booth level to disseminate information about the time and day of poll and other related information.

·       Awareness Observers were deployed in the two states to ensure implementation of various SVEEP instruction of the Commission.

·       West Bengal have been using district specific Mascots to spread the message of electoral participation e.g. Red Panda in Darjeeling, Votu Da in many districts, Fazli mango in Malda, EPIC man in N Parganas, Baghu the tiger in S Parganas, Gangetic Dolphin in Hoogly, Moteshwar in Purulia, Anando in Birbhum etc.

·       Election on wheel or mobile Tableaus with a mobile mock polling station doing the rounds of all blocks carrying information and EVM to familiarise people on the voting process.

Tamil Nadu

·       The slogan for Tamil Nadu is 100 % enrolment and 100% voting and depicted as #TN100percent on social media.

·       “Low cost, high visibility” initiatives of the State include SVEEP messages on shopping bags of all the supermarkets in the state and milk packets (with the cost being incurred by the Supermarkets under partnership.

·       All Bank’s ATM screen savers to change to the message for vote a day before the poll.

·       Special measures to enroll newly married girls by using the data available with the village health nurses of pregnant mothers, and providing them with facilitation.

·       Cinema Slides in 670 theatres, radio spots on FM and Community radio, TV spots, posters, hoardings and pamphlets besides music videos with popular celebrities

·       32 mobile video vans with 14’X7’ rotating screen with exhibition to cover all ACs and disseminate information

·       1400 colleges covered under enrolment with DEOs confirming electoral registration of all students in these colleges

·       Old Age Homes in the state covered under SVEEP

·       BSNL to play SVEEP jingle on 15th-16th May day as caller tune

·       Partnership with Twitter and Facebook; 1.1 crore TN FB user to get reminders on poll day. Twitter to also send alerts on poll day.

·       Ethical Voting campaign to roll out from 15th April.

Puducherry

·       Signature Campaign in the State, with special emphasis on ethical informed voting also.

·       Mobile polling both have also been made for creation of awareness, which shall be inaugurated on Commission’s visit

·       2 short films by NFDC, which shall be screened in the cinemas as well as distributed in colleges, Radio jingles been used.

·       Nehru Yuva Kendra is being utilized for creating awareness

·       Election messages stamped on milk sachets, an initiative which received good coverage in Media

·       Special camps for workers (blue collared as well as white collared)

·       Special initiatives for PwDs including identification of PwD in every AC upto PS level, volunteers have been employed to facilitate PwDs.

·       Other outreach initiatives included inserts in print & Electronic Media, Post Cards/ postcards and dedicated mobile vans for VVPAT awareness

Kerala

·       Student Ambassadors have been appointed in all the educational institutions of and above + Two levels to ensure all eligible in the age group of 18 -19 are enrolled.

·       Special targeted campaigns were organised in all Tribal settlements in the State to ensure that the Tribal population are not left out.

·       The areas have been identified where polling percentage was below the state average of 74.02% in last Lok Sabha elections to cover them by SVEEP activities in the coming months.

Through these SVEEP initiatives, the Election Commission of India endeavours that all eligible electors are well informed and educated to ensure inclusive and ethical participation 

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[CA] Election Commission joins with Twitter

In a first-of-its-kind initiative in the country, the Election Commission has roped in Twitter to boost its #TN100percent campaign, which aims to achieve maximum voting during the May 16 Assembly polls in the State. On the cards are a reminder to vote on May 16 to all twitterati who have used the #TN100percent tag in their tweets, a celebrity-signed digital poster and a specially designed emoji.

Chief Electoral Officer of Tamil Nadu, Mr. Rajesh Lakhoni said that, this is the first time in the country that the Election Commission is joining hands with Twitter for election campaign. Twitter has come forward to help us ensure increased voting in the May 16 Assembly polls.

Twitter India’s Head for News, Politics and Government Raheel Khursheed said, from now till the day of polling, Twitter will make use of the full might of the platform and make sure that the message reaches as many people as possible. The joint campaign would be a sustained one and will have both in-product and off-product components.

Digital posters from celebrities, notifications in the product on the polling day and specialised emojis , specifically for #TN100percent, are would be some of the components planned. Replying to a query on the special emoji that would be designed specifically for the #TN100percent campaign, Mr. Khursheed said it would be launched on Twitter.

Asked whether this was the first time Twitter was joining efforts with the EC in the country, he replied in the affirmative. He said that Twitter has had collaborated ions with election authorities in other countries including the Philippines.

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[Polity] Paid News

Polity

Paid News

What is paid news?

·        It is a news article, editorial or headline banner.

·        Appearing in print/electronic media.

·        For which the editor, journalist OR media-house has accepted cash or kind.

·        Some examples of Paid news:

Ø     Newspaper publishing a banner headline on FrontPage stating that a Mr. X is ready to create history in the __ election. But reporter has not presented any news item related to this headline.

Ø     News item stating that one candidate is getting the support of each and every section of society and that he would win elections from the constituency.

Why is Paid news bad?

·        Election Commission (EC) has setup limits on election Expenditure. But if rich candidates are secretly paying media houses for favorable reporting, then poor candidates don’t get a level playing field in election campaigning.

·        Reduces voter turnout. Since Paid news creates an atmosphere that only Mr. X will win, then some of supporters of Mr. Y, won’t go to polling-booth, thinking their time and vote will be wasted anyways.

·        Thus, Paid news prevents voters from selecting right candidate.

What has Election commission done to stop paid news?

·        Under Representation of Peoples’ Act (RPA) – 48 hours before the polling, media cannot display any news that can influence the voters. (else jail 2 years)

·        Media cannot run exit polls until the election polling phases are complete. if in doubt, they should seek permission of District election officer.

·        EC has ordered the District Collectors to meet with Political Parties and media houses, to inform them about “consequences” of surrogate advertising and Paid News.

·        EC has setup MCMC Committee at every district and state level. MCMC=Media Certification & Monitoring Committee.

·        This Committee is made up of Returning officer, representatives from I&B ministries.

·        They scrutinize all media coverage within their jurisdiction.

·        If they suspect a paid news or surrogate news, they seek explanation from respective candidate.

·        If reply unsatisfactory, then they include money spend on the paid news, in candidate’s election Expenditure.

·        EC has also written to Press council of India to set clear guidelines and punishment.

What has press council done?

They’ve issued following guidelines

·        Advertisement and news items should be set in different fonts.

·        News should carry credit line / source. Ads should carry disclaimers.

·        newspapers should not exaggerated reports about any candidate/party or incident during the elections

·        Newspaper should not leave out any important point raised by a candidate.

·        Should not promote feelings of hatred between people about religion, race, caste, community or language.

·        Must not publish unverified allegations against any candidate/party.

·        Must not accept any inducement/money/gift/hospitality/facilities from any candidate or party.

·        Press shall not accept/publish any advertisement at the cost of public exchequer regarding achievements of a party/government in power.

News Broadcasters Association

They also issued similar guidelines like PCI. Additionally following points given:

·        News broadcasters should maintain a clear distinction between editorial and expert opinion carried on their news channels.

·        must not broadcast any hate speech

·        All paid content should be clearly marked as “Paid Advertisement” or “Paid Content”

·        Exit polls: should explain the methodology used, the sample size, the margin of error, the fieldwork dates, and data used. Broadcasters should also disclose how vote shares are converted to seat shares.

Suggest further reforms

CEC has proposed following:

·        Right now, Paid news is not an electoral offense. In worst case scenario, candidate will be considered guilty for exceeding election Expenditure limits. In that case he just has to pay fine. No disqualification, No deterrence.

·        Therefore, we need to amend Representation of People’s act 1951, to make “paid news” an electoral offense, with minimum 2 years jailtime and disqualification of candidate.

·        Government ads before polls, should be considered “paid news”. (recall the Madhav menon said Government should not display ads before election except job-tender and public safety.)

·        Enact a law for opinion polls conducted by TV channels.

·        Additionally, we need to make clear guidelines on election Expenditure because:

Ø     Candidate’s poll Expenditure is counted from the day he files nomination. Therefore, politicians spend crores on media-campaign before filing nomination. (some of them even delay nomination till last date).

Ø     Poll Expenditure limits is for candidates and none for political parties. This rule is also misused.

Challenges ahead

·        It is very difficult to prove paid news because money transfer done via Hawala and sometimes “in kind” e.g. land-allotment after election, free wine-n-dine, luxury phones, tours.

·        Contractual employment in media houses- journalist don’t truly have ‘independence’. Editors and Media owners enjoy too much discretionary powers.

·        Companies with political affiliations. They enter in “private treaties” with media house. Product advertisement contracts given, in exchange of biased reporting during elections.

·        Companies with political affiliations themselves, own media-houses and news channels.

·        Therefore, nuisance of paid new can be fixed only by ‘self-regulation’ of political parties and media houses. RPA-amendment alone, will be insufficient.

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