NEW DELHI: The Chief Election Commissioner Mr T.N Seshan reiterated on Wednesday the Commission’s position on elections in Punjab that a new Government could not interfere with the election process as “’the Representations of the People Act does not speak of the Government’s Powers in this regard.”

Mr Seshan told newspersons that his Deputy Dr Bhalla’s assertion that a new Government could not alter the poll process set in motion was correct and “I am not in disagreement with what he has said.”

Asked to comment on the Congress-I President Mr Rajiv Gandhi’s remarks that his party if voted to power would review the question of holding election in Punjab he said he would not answer a hypothetical question.

(In an interview to PTI Mr Seshan said the new Government can postpone elections in Punjab and Assam only if the Representation of the People Act is amended by Parliament.

(He said this was the Election Commission’s understanding of the law as it stood today. “But Parliament in its wisdom can amend the law” he said.)

Asked whether the Commission would still go ahead with the poll if the new Government wrote to the Commission saying it was not ready to lift the President’s rule in the State Mr Seshan said it was a question of law and he would have to examine it.

Answering another question on whether the Commission would put off the poll if the new Government opined that the law and order situation was not conducive for polls he said “at the moment I will only say that we will not ignore it but I cannot say that we will definitely accept it.”

Asked about the two previous instances of the Commission cancelling its poll notification for by elections and starting the process afresh Mr Seshan said they were done when it was found that the returning officers forgot to secure the oath of affirmation from all the candidates and thus vitiated the poll process.

“But when there are valid nominations valid scrutiny and valid withdrawals how can I not hold polls?” he asked.

On the question of amending the provisions of the Representation of People Act providing for counter-mending of an election only on the death a candidate belonging to a recognized political party Mr Seshan said the Commission would forward the suggestion to the Government “but we are not going to make any recommendation to the Government in this regard”.

Article extracted from this publication >> May 17, 1991