The Hindu : National : Legislators can vote outside their State

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Monday, Jul 09, 2007
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Legislators can vote outside their State

NEW DELHI: The Election Commission has allowed MLAs and MPs to vote outside their State Headquarters/Parliament House under “exceptional circumstances” with prior permission four days before the July 19 Presidential election.

In a press note, the Commission said there may be cases where some MLAs/MPs may be forced to remain away from their State on the day of polling due to compelling and justifiable reasons. The Commission’s decision will enable them to exercise their franchise wherever they are in the country.

They should apply for permission 96 hours before the commencement of the poll, with full justification, to facilitate the Commission to send ballot papers of their State to the place where they intend to vote, the Election Commission said.

Krishnamurty’s view

The former Election Commissioner, G.V.G. Krishnamurty, was of the view that any political party sworn to uphold democracy could not ask its members not to take part in the Presidential/Vice-Presidential election process or not exercise preference.

A directive by any political party to its MPs and MLAs not to participate in voting for these elections could expose that organisation to the Election Commission in taking a view on violating the spirit of democracy.

Consider de-registration

He said a memorandum of understanding filed by registered political parties mentions of the organisations’ commitment to uphold and promote democracy, and in extreme case, if necessary, the Commission could consider de-registration. The power to register and de-register existed under Section 29 of the Representation of the People’s Act. Similarly, he said, as per Rule 17 of the Presidential and Vice-Presidential Elections Act, 1952, which mentions of exercise of preference by a voter, no political party could ask its members not to do so.

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