Explain procedure of election and its different steps
Answers
1. Formation of Constituencies:
The Constitution lays down that after the completion of each census the allocation of seats in the Lok Sabha to States shall be readjusted. Similarly, the constituencies for elections to the legislative assemblies are also readjusted.
2. Filling of Nominations:
The nomination of candidates is an important part of the election process. The regulations require that the candidate or the person who proposes his name files the nomination papers with the Returning Officer. In order to be chosen a member of the Rajya Sabha or the State Legislative Council, a person must be not less than 30 years of age.
For election to the Lok sabha or the State Legislative Assembly, a person should have attained an age of 25 years. A person is disqualified for being chosen as a member of any House, (i) if he holds any office of profit under the Government of India or of any State (The offices of Ministers or Deputy Ministers are not regarded as offices of profit for this purpose); (ii) if he is of unsound mind and stands so declared by a competent court; (iii) if he is an un-discharged insolvent; (iv) if he has ceased to be a citizen of India; and (v) if he is so disqualified under any law made by Parliament.
The Representation of the People act, as amended from time to time disqualifies a person from the membership of a Legislature:
(i) if he has been found guilty of certain election offences or corrupt practices in election; (ii) if he has been convicted and sentenced to transportation or to imprisonment for not less than two years; and (iii) if he has been dismissed from government service for corruption or disloyalty to the State.
3. Scrutiny of Nominations:
The Returning Officer scrutinizes the nomination papers very carefully. When someone is dissatisfied, he is officially stopped from contesting election for six years. The candidates can withdraw their nomination papers even after they have been found in order.
Every candidate standing for election to the Lok Sabha or to State Legislative Assembly has to make a security deposit of Rs. 10,000 arid Rs. 5,000 respectively. In case the candidate belongs to any of the Scheduled Castes or Tribes, the security deposit is reduced by half.
The security deposit of such candidates as have obtained less than one-sixth of the total number of valid votes polled is forfeited.
4. Election Campaign:
Techniques of election campaign and the tools employed by the parties and the independent candidates are many:
(i) Election Manifesto:
Now-a-days electronic media plays the most effective role in creating people’s awareness about programmes of the political parties. The party leaders give a series of interviews to newspapers and television agencies. Wide coverage is being given to all these events at regular intervals.
5. Polling Personnel and the Polling:
The election campaign must be stopped 48 hours before the time when poll concludes on the polling day.
Presiding Officer supervises the whole of the polling process and ensures that all persons working under him adhere to the electoral norms and practices.
The voter records his vote either by placing the seal-mark against the name of the candidate he wants to vote for or by pressing the button of the voting machine.
6. Counting of Votes and Declaration of Results:
After the polling has ended the ballot boxes or the voting machines are sealed and carried under custody to the counting stations. Then the process of counting the votes begins. In 1979, the practice of booth-wise counting of ballot paper was revived.
It was done on the instance of the parties which insisted on knowing the voting pattern so that they could woo the voters and work vigorously in the areas where they were weak. Booth-wise counting was preferred for one more reason.
The parties felt that by doing so it would be easier to detect rigging and take necessary action. However, there is no hard and fast rule as to the counting of votes and the Election authorities are free to mix up the ballot papers from all the booths, if the feel that it ensured secrecy with regard to the pattern of voting. The candidate who obtains the highest number of votes is declared elected.
7. Submission of Account Relating to Election Expenses:
The law fixes the maximum limit of the expenses to be incurred by various contenders on their election. In 1998, the limit of election expenses for an Assembly election in most States was raised from Rs. 1.50 lakh to Rs. 6 lakh.
It was enchanced from Rs. 4.50 lakh to Rs. 15 lakh for a Parliamentary contest. The candidates are required to file an account of the election expenses. It is a corrupt practice for a candidate to spend more money than the prescribed amount on his election.
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Any place of worship shall not be used for election propaganda.
(ii) Criticism of the opposing candidates shall be limited to their policies and programmes past record of public service and not mention of their private personal lives.
(iii) The government official transport like car, vehicles, machinery and aircraft and personnel shall not be used by government officials or ministers.
(iv) No posters, pamphlets or notice, slogans shall be placed on any building without the permission of the owner.
(v) Any minister shall not lay down foundation stones of any project, make appointments and transfer of officials or make any promises for providing public facilities after the elections have been announced
(g) Voting: On the date fixed earlier, voting takes place. For voting, election booths are set up. Voters go to the polling booths and cast their votes for the candidates of their choice. Voting is held by secret ballot. These days Electronic Voting Machines (EVM) is used to record votes. EVM has the names of the candidates and their election symbols. The voters have to press the button against the name and symbol of the candidate they wish to vote for.