Power of Election Commission on Poll Code Violations

EC on Poll Code Violations: There will be a huge expectation for the epic electoral battle throughout the nation and will decide the fate of 542 candidates from different constituencies. Despite providing attractive manifesto’s, some electoral candidates have bad remarks in their background and it breaches the Model Code of Conduct (MCC), which was formed Election Commission to eliminate the vulnerable candidates. 

For an instance, Political Stalwarts like Mayawati (leader of BSP), Azam Khan (SP), Yogi Adiytyanaath (Chief Minister of UP and BJP leader) have been remarked for their controversial speeches during election campaigns.

The various guidelines are formed by EC to penalize the persons, who are violating the poll code. The idea of creating MCC was done in 1960 at Kerala. Over the years, the MCC has been converted to ‘Moral’ Code of Conduct with some upgradation.

It will come into force once the election schedule is announced by EC. It’s been clearly elaborated in Article 324 of the constitution.

Under Indian Penal Code, RPA act 1951, the Election Commission can take necessary actions against the candidates contesting in an election and penalize them with fine or a jail term of 6 months to 3 years.

The EC has rights to issue a notice to the electoral persons as a general warning. If the problem persists with violating MCC, the Election Commission doesn’t hold the power to disqualify a person or the party but can seek a reply from the concerned people through notice.

The president appoints the CEO and Election commissioners after consulting with the cabinet. The government has the authority to select any person for the post of CEC and this will provide an opportunity for the oppositions to question about his selection.

In order to overcome this weakness, there should be proper guidelines and procedures which has to be reformed.