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Monday, July 7 1997

Whip on Presidential poll tantamounts to threat:EC

EXPRESS NEWS SERVICE

HYDERABAD, July 6: Political parties cannot issue whip to members directing them to cast vote for a particular candidate in the Presidential election. ``This would tantamount to exercising undue influence,'' said Election Commissioner GVG Krishnamurthy here today.

The Election Commissioner was here to hold discussions with officials regarding the arrangements made in the State for the forthcoming Presidential election.

Later, addressing a news conference, he said voting for a Bill on the floor of the House was entirely different from voting to a public office. The latter had to be free and fair, otherwise the election could be cancelled. Moreover, in the electoral college there was no reference to a whip.

``Therefore, a three-line whip directing the members to vote or face expulsion will be deemed as a threat,'' he said, and added that a whip could be issued for summoning members to exercise their franchise. This was conveyed to all political parties, he said.

The previous 10 Presidential elections had been challenged in the Supreme Court (SC) on the grounds of undue influence. Therefore, it was decided to take as much care as possible to prevent such allegations in the present case, the Election Commissioner said.

From the date of issue of election notification till the declaration of the result, the jurisdiction of civil court would be barred. Once the result was announced, the SC's jurisdiction will start, he said.

There was a widespread misconception that elections to the posts of President and Vice-President were being conducted by the Parliament. ``Several leaders, including a former Prime Minister, were under this impression. But it is the Election Commission of India that is vested with the authority of conducting elections to the posts of President and Vice-President. These elections are not held under the Representation of Peoples Act but under the President and Vice-President Election Act of 1952 with rules of 1974,'' he observed.

For the first time 25 states, including Pondicherry and Delhi, would be participating in the election. The nominated members of Rajya Sabha and Lok Sabha will not, however, have the right to participate, as they are not members of the electoral college. About 4,072 MLAs, 543 Lok Sabha members and 233 Rajya Sabha members will cast their vote in the Presidential election, Krishnamurthy said. To ensure transparency in the election process it has been decided to give more access to the media, he said.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.

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