Maharashtra State Election Commissioner (SEC) Dinesh Waghmare, in an exclusive interview with The Indian Express, said that promises made by a mayor representing a particular religion or region can constitute a breach of the model code of conduct. He said that action could be taken if a complaint is filed.
In response to reports of returning officers being intimidated by political parties, Waghmare affirmed that the SEC will support these officers even after the elections if they face backlash for their poll-related responsibilities.
Q: What about the rest of the zilla parishads which have crossed the 50 per cent reservation mark?
Dinesh Waghmare: The Supreme Court will give an order on it, and we will follow it. If we take any other decision, then it will be a contempt of court.
Q: A recent poll campaign in Mumbai has seen politicians saying that Mumbai’s mayor will be Hindu and Marathi. Doesn’t it breach the model code of conduct?
Dinesh Waghmare: It should not be said as per the principles of the Model Code of Conduct, as it is a division based on religion or a division based on region. It should not have been said.
Q: Have you received a complaint?
Dinesh Waghmare: Not yet. But it is expected of political parties to follow the principles of the poll code.
Q: Can you take suo moto action?
Dinesh Waghmare: If it has been published in the media and brought to our notice, action can be taken as per the rules of Model Code of Conduct.
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Q: What does the commission have to say about the use of force and money to make elections unopposed?
Dinesh Waghmare: Local body polls do see unopposed elections, and Maharashtra is not witnessing anything new. In Telangana, 10 per cent seats were elected unopposed. Here, out of 2869 seats, only 70 saw unopposed elections. This is 2.4 per cent only.
As per the law, if only one candidate remains in the fray, that person should be declared unopposed. Despite this, we have sought reports on those cases. We will not grant clearance until we receive the report from the municipal commissioners.
Q: Shouldn’t citizens get to vote NOTA in case of these unopposed polls?
Dinesh Waghmare: That is not our domain. We cannot go beyond the statute. If there is an amendment in the act, stating elections should be held considering NOTA as a candidate, then we can have voting in these cases. As of now, no law permits it, and we cannot bypass it. The right to make such an amendment is with the legislature.
Q: Can the commission make such a recommendation?
Dinesh Waghmare: We can. But a petition regarding this is pending with the Supreme Court, and we will have to wait for the outcome. Therefore, this is not the proper stage to make any recommendation since the Supreme Court is looking into it.
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Q: What is the status of the complaint made against Assembly Speaker Rahul Narvekar?
Dinesh Waghmare: As far as the conduct of the returning officer is concerned, prima facie, he did his work as per the rules. We are not going much further into this. In case the second issue of threats given is concerned, videos do not show him threatening inside the RO’s office. If it has been done outside, then we cannot comment on it.
Q: Are you facing political pressure?
Dinesh Waghmare: No, not at all.
Q: Is it true that there are complaints that your ROs are being pressured and facing intimidation?
Dinesh Waghmare: Apart from this (Colaba), we have some complaints from Thane for which we sought a report from the Thane municipal commissioner. The ROs are quasi judicial authority and have total protection over their decisions. Even after elections, we, as the State Election Commission, are here to protect them.
If they have not erred, worked as per the rules, and are victimised for the same, then we can intervene even after the election. We will stand by them even after elections if they are subjected to victimisation post-election for their election-related work.
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Q: Why can’t the commission disqualify councillors who contest on one party’s symbol and join the other party after getting elected?
Dinesh Waghmare: That is not our jurisdiction. As far as MPs and MLAs are concerned, the ECI has jurisdiction, which we do not have as the SEC. We are here to conduct elections and our role ends when the certificate is issued. After that, the Urban Development Department’s role begins. I will not comment further on this.
Q: The municipal council and panchayat polls are subject to a Supreme Court hearing on January 21. Will there be a repoll at some places?
Dinesh Waghmare: It will be based on the directions of the Supreme Court, whether the entire process be repeated or only for OBC seats. Plus, the decision on the extent of OBC reservation is to be taken by the legislature and not us. We are here only to implement.
Q: Why is it that everybody except the state election commission seems to be aware of the allegations of the use of power and money in these two phases of the election?
Dinesh Waghmare: This is not true. We have surveillance teams, video surveillance teams and flying squads at each municipal corporation level, based on its size. A cell to ensure adherence to the model code of conduct, control rooms are established. Media certification teams have been formed. Cash worth more than Rs 7 crore, alcohol, and arms have been seized. We are taking necessary action.
