Law on ballot paper: Speaker tells Maharashtra to mull possibility

The Maharashtra government may propose a law to have ballot paper as an option for voters during local body and state Assembly elections.

The Maharashtra government may propose a law to have ballot paper as an option for voters during local body and state Assembly elections. Assembly speaker Nana Patole on Tuesday directed the law and judiciary department to examine and prepare a draft law. Patole insisted under article 328 of the Constitution, the state legislature has powers to bring such laws. The initiative taken by Patole does not have support of the ruling Maharashtra Vikas Aghadi (MVA) coalition partners, as of now.

Bringing back the ballot paper voting system is a popular demand raised by most opposition parties time and again as they suspect manipulation. However, the ECI has been insisting that EVM is a fool-proof system. (Pics for representation)

Legislative experts said the state would not be able to do so in case of Assembly elections as they are held by the ECI under a Central law. They are divided over such a possibility in case of municipal bodies and district councils. A senior Shiv Sena minister said the MVA parties —Sena, NCP and Congress — have not discussed any such move yet. “We are not aware of the move. It is possible that the Speaker has taken the initiative on his own. We will react when any such proposal is put forth before the three parties formally,” he said, seeking anonymity as he did not want to remark on Patole’s (who belongs to the Congress) move publicly. “We don’t know if it is legally feasible. As such we will have to hold extensive consultations with constitutional experts before moving any bill in the legislature,”he said and added that Patole should not have gone public with his proposal at an early stage.

“I have directed the law and judiciary department to prepare a draft for an amendment in the existing laws to give the people an alternative of using ballot paper for voting. People have doubts over the EVM and want the old system of ballot to be brought back. Article 328 of the Indian Constitution empowers the state legislature to make provisions with respect to the elections,” Patole told HT.

Patole was recently approached by Nagpur resident Pradip Uke, requesting him to bring the ballot-paper system back for voting. The petition was discussed in a meeting called by Patole on Tuesday. State legislature secretary Rajendra Bhagwat, chief electoral officer Baldev Singh and secretary in law and judiciary department Bhupendra Gurav attended the meeting along with other senior officials.

“Public sentiment must be respected. As such, I have issued the directives,” added Patole.

Bringing back the ballot paper voting system is a popular demand raised by most opposition parties time and again as they suspect manipulation. However, the ECI has been insisting that EVM is a fool-proof system.

While Patole is insisting the state government and state legislature have powers to make legal provisions to ensure ballot-paper voting in elections related to the state, state officials dealing with legislative affairs are not sure about the same. They feel that a provision for ballot paper voting might be done for local polls but difficult for assembly elections which are held by ECI.

Article 328 of the Constitution states: Power of Legislature of a State to make provision with respect to elections to such Legislature subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either house of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.

Officials from the state election commission (SEC) that conducts local elections (gram panchyat, zilla parishad or district council and municipal bodies) in the state said that the amendment in the laws related to local body elections can be made but not for state Assembly elections as it is conducted under the Representation of People Act, 1951 which is a central law.

“We conduct local bodies’ election under four different laws, each for municipal corporations, zilla parishads, village (gram) panchayat etc. and all the above laws have a provision for conducting elections through EVM. Theoretically, they can be amended for use of ballot paper, but for this the state will have to consult the SEC and the commission will have to make the request officially,” said a senior official from the SEC, requesting anonymity.“However, the state assembly elections are conducted under a central law. It means the state government has no purview to make any amendment related to assembly polls,” the official added.

Another official said giving the option of EVM as well as ballot paper to the voters is practically not possible. “The state cannot allow half of the polling through EVM and another half through ballot paper. It is not feasible at all. It can either continue with the existing system of EVM or adopt a ballot paper system,” he said.

Former state legislature secretary Anant Kalse said the state has no right to make any such change. “Article 324 of the Indian Constitution empowers the Election Commission of India to conduct all the elections of state legislatures as well as the general elections. The state government cannot do anything in this case. Even in the case of local bodies elections, it may not be possible for the SEC to act contrary to the central law — Representation of People Act, (which has provision for conducting elections through EVM),” Kalse opined.

Meanwhile, senior NCP minister Nawab Malik said that the decision has to be taken by all the three parties. He said they don’t have powers to make any changes in respect with Assembly elections, but for local bodies a policy decision can be taken.

“It is a policy decision which needs to be discussed among the ruling allies. The state government cannot make any amendment related to state Assembly elections as it is the right of the Parliament, but the election process of the local bodies can be changed, however, for that, we will have to wait for the opinion of the law and judiciary department,” the minority affairs minister said.

Senior Congress minister Amit Deshmukh said the speaker asked the officials to examine the merit of the demand made by some sections of the society. “Some sections of the voters demanded to be given a choice on how to vote. They also had some legal inputs and arguments which the Speaker heard and asked the officials to examine the merit in the demand. As part of the government, I can only say that a policy or mechanism regarding conducting the elections will have to be completely transparent and without any doubt,” Deshmukh said, who was also present in the meeting called by the Speaker.