EC finds anomaly in open ballot system

You may not have heard the last word on the Rajya Sabha elections yet. While the Supreme Court is hearing a PIL on the legality of the rules...

You may not have heard the last word on the Rajya Sabha elections yet. While the Supreme Court is hearing a PIL on the legality of the rules governing the elections, the Election Commission has raised objections to a 8216;8216;serious anomaly8217;8217; in the amended law brought in by the previous NDA government.

The open ballot system introduced in the recent Rajya Sabha elections, it says, is not applicable to Independents and, hence, is working only partially. 8216;8216;It is giving rise to different standards for the electors 8212; one set of rules for the members of the political parties, another for Independents,8217;8217; a senior official in the EC said.

The amendment 8212; which also did away with the candidates8217; domicile status 8212; was brought in out of a concern that cross-voting and money power were beginning to dominate the elections to the highest body of the legislature.

Under the present rule, the electors only MLAs vote to elect the state8217;s representatives to the Upper House belonging to political parties have to show their ballot papers to their party8217;s polling agent after casting their votes and before dropping it in the box. This is to ensure that the MLAs follow the party8217;s line and vote only for the party8217;s chosen candidate. The Rajya Sabha elections continue to make use of ballot papers, not EVMs, as electors give preferential votes.

The point the EC is likely to make at the next hearing of the case on July 7 is that Independents continue to enjoy the secret ballot as they are under no compulsion to disclose their vote/preferences while MLAs who belong to political parties are bound to follow an open ballot system.

8216;8216;The other reason which makes the open ballot system faulty is the fact that it makes the procedure of balloting/voting somewhat redundant. Then, it could as well be done through head counting,8217;8217; the EC officials said.

The EC, however, does not agree with the PIL on the issue of the candidates8217; domicile status. It does not entirely compromise the Constitutional provision that makes the Rajya Sabha a house of representatives of the state, it feels.