NEW DELHI: The Indian Govt is taking steps to hold fresh polls in Punjab after cancelling the Lok Sabha and assembly elections scheduled for September 25 highly placed sources said Sunday.

The sources said the process in the border state could not be started without changes in the present law. Among these contemplated is a legislation to debar secessionists from contesting the elections they said. The Govt is already taking to leaders of opposition parties about the proposed legislation and a draft containing its salient features has been prepared for their benefit the sources told PTI.

Although no specific date has been fixed for holding Punjab polls the elections are likely to be held in November the sources said. The current spell of president’s rule in the border state which is scheduled to end on November 11 will in all probability not be extended.

Once the leaders of the opposition parties agreed in principle to go ahead with the legislation for disqualification of candidates sponsored by secessionist elements the way would be cleared for focusing attention on the arrangements for the polls and fixing of a date the sources said. The statue to debar secessionists from participating i the elections could be brought about by either amending the constitution or by an amendment to the representation of people act 1951 (R.P. Act). The proposed amendinent could give powers to the returning officer to temporarily adjourn elections on occasion’s when it was not possible for him to make an immediate decision on a complaint against a candidate charged with propagating secessionism the sources said.

Some opposition leaders according to the sources have raised objection to this clause saying that given sweeping powers to the returning offices might not be conducive for fair elections.

“‘The proposed legislation would empower the returning officer to decide who was a secessionist. This could be based on the acts of a person and police and other records available the sources said.

The Govt was also contemplating an amendment to the constitution to disqualify secessionist candidates. Such a measure would require an amendment to article 102 and article 191 of the constitution dealing with disqualification of membership of representatives elected to the Lok Sabha and the state assemblies.

Article extracted from this publication >> September 6, 1991