EC to decide on abstention row in Prez polls

New Delhi, July 16: The Election Commission today assured the National Democratic Alliance to give a decision tomorrow on its demand for clarifying about a group of political parties imposing their decision on its MPs and MLAs to boycott or abstain from the July 19 presidential polls.

An assurance to this effect was given to an NDA delegation led by Leader of the Opposition L K Advani and NDA Convenor George Fernandes who sought the EC to intervene under Article 324 of the Constitution and direct the political parties that their decision was against the spirits of the Constitution. A political party is registered under Section 29A of the Representation of People Act 1951 which requires a party to bear true faith and allegiance to the Constitution.

Every elected MP or MLA who formed the electoral college for presidential polls took oath of allegiance to the Constitution both at the time of filing nomination papers and while being sworn as a member to abide by the Constitution. A Political party could not direct its members to breach their constitutional obligation and if they did so, it must be checked by the EC, the NDA leaders said.

The EC must give out its clarification before the presidential elections so that the MPs and MLAs could cast their conscience vote in the polls without attracting the provisions of anti-defection laws.

''The EC have promised us that they would take a decision on our memorandum tomorrow as all the members of the EC are present in the capital'', Mr Advani told newspersons after an hour-long meeting.

Besides Mr Advani and Fernandes, senior BJP leaders Murli Manohar Joshi, Sushma Swaraj, S S Ahluwalia were part of the delegation.

Mr Advani said the delegation brought to the notice of the EC that President of the country was not directly elected by the people although it was they who elected the President through their elected representatives. This was the reason why the vote value of MLA from each state differed according to population. Therefore, it was obligatory on the party of each MP and MLA to discharge his function under the Constitution under Articles 54 and 55.

Without referring to the diktat of the United National Progressive Alliance (UNPA) parties asking its members of the electoral college to abstain from voting, Mr Advani said if an MP or MLA abstained from casting his vote, it would mean that the constituents of the state go unrepresented in election of the President and there could not be greater betrayal of electorate than a wilful and deliberate refusal by an elected legislator to represent his constitutents' right to elect the President of India.

The parties were attempting to press their members to abstain from voting through compulsion and prevent them from representing their electorate. Any member who breached this decision could be liable for disciplinary action within his party under para 2 (1) of the 10th Schedule of the Constitution and attract the penal and coercive provisions of anti-defection law. The position taken by political parties amounted to giving a direction to its MPs and MLAs to abstain from voting, the NDA said.

This was a clear case of conflict between constitutional obligation and political resposibility to accept party discipline even if it was against the Constitution. The EC should clarify on the matter ahead of the the Presidential polls so that the members could cast their conscience vote, the NDA demanded.

UNI

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