The Hindu : Opinion / Editorials : ADVANCE AND RETREAT

Online edition of India's National Newspaper
Thursday, Feb 24, 2005

Opinion

Opinion - Editorials

ADVANCE AND RETREAT

AS BRITISH PRIME Minister Harold Wilson once suggested, a week might be a long time in politics. But the nation could have waited — and painlessly at that — for another four days for the votes in the Haryana Assembly election to be counted rather than be subjected to a wholly unwanted and unnecessary controversy created by the Election Commission. Having scheduled February 27 as the day for counting the votes, the Commission summarily advanced it to February 23, sparking off a predictable political storm. The advancement was a violation of Section 54A of the Conduct of Election Rules 1961, which lays down that the "returning officer must first deal with the postal ballot papers" before counting the votes polled in booths. Since February 27 was the last date for the receipt of postal ballots, advancing the counting date meant the postal ballots would be totted up only after the regular votes were tallied — a clear breach of electoral law. The Commission has explained lamely that the advancement to February 23 was to permit the security forces deployed for the Haryana election to become available for the counting of votes in Bihar and Jharkhand on February 27. It also clarified that results would not be declared in those Haryana constituencies where the margin of victory was narrow and where the postal ballots could alter the final outcome. What the Commission failed to realise was that an action bad in law could not be justified by citing a plausible-sounding excuse.

Faced with an onslaught of criticism, led by Haryana Chief Minister Om Prakash Chautala, the Election Commission went into flip-flop mode. It first announced that while counting would take place on February 23, the results would be declared only on the 27th. A couple of days later, during the hearing of a petition challenging its decision to advance the counting, the Commission submitted to the Supreme Court that it had no objection to taking up the process as originally scheduled. With the apex court quashing two letters to the Chief Electoral Officer, Haryana (intimating him of the advancement) and directing the counting to take place on the 27th, the controversy may have been laid to rest. But it has shown the board of control for elections in India in a poor light — as a body that acts in haste from time to time and backs down when it is cornered.

The issue of Mr. Chautala's scathing and highly personalised attack on the Chief Election Commissioner and the institution he heads is another matter altogether. The Haryana Chief Minister went well beyond the limits of political decency in saying what he did. But it was the Commission that provided him with the handle to criticise and indeed ridicule it because of the manner it prepared the election schedule in Haryana. First, the gap between election day (February 3) and counting day (February 27) was much too long, something that was tacitly acknowledged in the Commission's now-stymied move to advance the counting by four days. Secondly, once the dates were fixed, there was no basis for summarily changing them. Mr. Chautala's allegation that the Election Commission was acting in favour of his political rivals in the State is absurdly unfounded. But the Commission must not only be fair but also give no room for being portrayed as anything but fair. If it had showed better administrative judgment, it would not have allowed itself to be dragged into such an awkward and embarrassing controversy.

Printer friendly page
Send this article to Friends by E-Mail

Opinion

News Update

Stories in this Section

AN AWKWARD THIRD ANNIVERSARY

ADVANCE AND RETREAT

When two powers meet

Grassroots guarantee for employment

Demolitions in Mumbai

Credit card woes

Telecast row