Democracy On Trial
(A Case Study of Moirang Assembly Constituency Elections 2012)

P. Sharatchandra Singh *

Voting at the By-election to Hiyanglam Assembly Constituency in October 2014 :: Pix - Deepak Oinam

The Election Commission of India (ECI) started the process of Manipur State Assembly Elections 2012 with a bang – enforcing the Model Code of Conduct, voters photographed at polling booths, booth level officers (BLOs) deployed extensively, polling stations and EVM strong rooms guarded by central forces, central observers shuttling from one place to another, reshuffling public servants/police, and what not.

But men at the helm of affairs in Manipur didn't give a damn about the much hyped 'tamasha' and, for that matter, even the constitutional mandate for free and fair elections. The way they were given free rein to wrest power at any cost simply makes a mockery of the elections. The Moirang AC Elections 2012, witnessed all sorts of wrong things done with intent to subvert the Indian Electoral System, apparently with malice aforethought. Democracy was indeed on trial.

One finds the fact sheet of the case at hand tainted with scandalous events - police personnel interfering in the registration of electors right under the nose of the Returning Officer (RO), booth level officers (BLOs) acting in a partisan way as if they were agents of a political party, and security personnel intimidating local NCP leaders. ECI had to intervene and withdraw a police officer, who indulged in canvassing for a particular party/candidate, from Moirang Police Station.

A legitimate objection against filing false affidavit by the INC candidate was messed up by the RO. The question is what constrained him to hush things up and step aside to let a wrongdoer pass and do injustice?

According to law/rules, RO can dispatch 'postal ballot papers' to the state police/security personnel on election duty by registered post only. Unfortunately, in violation of the ECI mandate/rules, postal ballot papers were issued in the name of many state police/security personnel(not on election duty) and delivered to proxy agents right in the office of the RO/DEO.

The INC candidate and his armed security escorts disturbed a huge election meeting organized by NCP volunteers on 25 January 2012 (afternoon) at Kwakta by using violent means. As the culprits fired gunshots, the people of Kwakta present at the meeting chased them out. The armed police officers/personnel on duty at and around the meeting venue meekly watched the distressing (crime) scene, and allowed the offenders to go scot-free.

Ironically, a group of police officers barged in on the NCP Candidate's residence in the wee hours of January 26, 2012, to keep it under a virtual state of siege on the pretext of replacing the armed escorts who performed their duties efficiently otherwise. They didn't stop at that. Senior officers - Additional Director General of Police (ADGP) and Superintendent of Police – followed suit only to trespass on the residence and time of the NCP Candidate, again on the pretext of looking for a pawn of the INC candidate who was reportedly missing.

Was it part of a high level political conspiracy to keep the NCP candidate engaged during the 2 critical days before the date of poll? FIR was lodged on 26/01/2012 at the Moirang Police Station, and reminders sent, though criminal investigation into such a serious culpable crime has, until now, remained a non-starter.

The trial of democracy as in the case of Moirang AC Elections 2012 would raise many intriguing questions:

- Whether the ECI made really serious and genuine efforts to put in place a foolproof system to prevent denial of the citizens' right to registration as electors arbitrarily (by vested interests)?

- If EVM was susceptible to manipulation/hacking, is it right to keep the machines in the government offices, for weeks together after voting, without fully sanitizing the office premises? (Fund constraint can't justify using EVMs without paper trail – an unconstitutional electoral practice). Prevention of rigging and tampering of machines is fundamental to Indian democracy's success.

- In most of the democracies election results are announced soon after the poll day. What about an innovative electoral reform initiative like counting of votes at each of the polling stations in situ – without losing time? In multi-phased elections, declaration of the results of votes so counted could be reserved as secret and notified later together with the results of subsequent phases of elections. This would help minimize risk of EVM tampering, reduce cost, and avoid delay as well as suspicion of foul play by the party in power.

-The present electoral system heavily depends on the state bureaucracy – Chief Electoral Officer, Deputy Commissioners/ District Election Officers, Sub Divisional Officers/Returning Officers, police and other categories of services. Susceptibility of the state bureaucracy to political influence hazards the democratic principle of "free and fair" conduct of elections. Isn't it high time to create an independent and empowered (election) authority to deal with local issues and problems during the period a state is in the election mode? Given the limitations of the present dispensation, ECI in Delhi and its agents – Central Observers – couldn't do much to enforce the Model (Election) Code of Conduct, etc.

- Why the Indian legal system should not make it mandatory for the police to register FIR against election related crimes and expedite investigation in a time bound manner? How much leeway should be given to a person, who is facing a charge of fraud, to pervert the course of justice? Isn't it time to amend the People's Representation Act 1951 to incorporate more stringent provisions and fast track electoral offence trials? The RO could be empowered to initiate criminal prosecution (suo motu) against candidates who file false affidavits, and he should be held accountable for misconduct.

"A billion votes" is certainly a catchy slogan that gives a well meaning message. The rituals like the "National Voters Day", which we observe amid a blaze of publicity, would bear fruit when we create an environment conducive for free and fair elections. But the Indian electoral system has too many loose ends to tie up.

The challenge is to save Indian democracy. The onus is largely on the Election Commission of India, the higher judiciary and the goverment.