No need for statutory power for model poll code,says new CEC

“As of now there is a bar only on people who are convicted. Over a period of time,the Commission has made the proposal that those who are facing serious criminal charges for certain grave crimes,which carry punishment of over five years imprisonment,should also be barred. We have said that this bar can be at the point when chargesheet is prepared and filed and taken cognisance of by the competent court,” Sampath said.

Asserting that this was the second phase of reforms in criminal background,he pointed out that the EC had come a long way since the days when criminals had a free run and could disrupt elections at polling station level. “Because of very strict and imaginative action taken by successive election commissioners over a period of time,now things like booth capturing are no longer prevalent,” he said.

Sampath,62,who will have a three-year tenure as CEC,also said he would look at steps to curb use of money power,both in Lok Sabha as well as Rajya Sabha elections. “Not many people know,but it was for the first time that we appointed expenditure observers for the Rajya Sabha elections in Jharkhand recently. We also wrote to departments like income-tax to keep watch on movement of large amount of cash in that area. We alerted local police to look for it. The task was difficult because Rajya Sabha election is slightly different where the electorate are the MLAs,” he said. Sampath,however,refrained from saying if such mechanism would be institutionalised in future Rajya Sabha elections. “We will see,we will take whatever action as the situation demands.”

The new CEC did not seem to favour any proposal to give statutory powers to the model code of conduct. When pointed out that the EC had seemed powerless when his predecessor was forced to write to the President on violation of the model code by ministers of the UPA government,notably Law Minister Salman Khurshid,Sampath said he did not agree with the view. “Writing letters to the President of India,do you mean to say it is powerless? How does one exercise powers which he or she has got. Writing a letter,that is also one way of exercising your power,” he said.

Maintaining that the present system was working well,Sampath said the model code has been an effective instrument in the hands of the EC.

To a question on Team Anna’s demand on right to reject and negative voting,the poll panel chief said there was not much difference in the EC’s view on it. “Team Anna is demanding it in a certain way whereas this is something which the Commission had taken up some time back,as EVM activity. We have made a recommendation to the Law Ministry to make provision for one more button in the EVM that will say “none of the above”. If that is done,it will meet their requirement also.”

Asked about the demand for a collegium to select election commissioners raised by previous ECs and flagged recently by senior BJP leader L K Advani,Sampath maintained he would not like to put the focus on the demand for now.

On the announcement regarding Presidential election schedule,he said it would be made shortly.