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Election Commission , Fair Election & Quota- Prof R R Pillai
Election Commissioners very often enlighten us by saying that they are mandated to conduct free and fair polls. In short whatever comes in the way of corruption free polls, EC is supposed to check it and nip in the bud to give the citizens a fair election.
How come such a clearly mandated EC is turning a blind eye to the controversial Muslim Quota within the OBC quota declared by the Congress led government just a couple of days before the UP election dates were announced. OBC quota is caste based which has a statutory approval. How can a Religion based minority quota be carved out of a caste based quota when the Constitution says a clear no to religious quota.
The EC is a Constitutional Body. Its prime duty is to know the Constitution well. It cannot allow the spirit of the Constitution to die away and still ensure free and fair polls. The EC should forth with declare this unconstitutional quota policy within the quota in favour of the religious minority, as a corrupt practice under the electoral laws and ask the Congress to withdraw the same.
EC must see through the vote bank politics of the Congress by attempting to make electoral gains through unconstitutional quota policies. Overtly corrupt practices during elections are easy to be identified. But the EC is also committed to curb the covert corrupt electoral practices .
The Congress declared a small quota of 4.7 % for religious minority but SP leader Mulayam Singh has already said it should be 18% as so many form the Muslim voters in UP. Thus these leaders are under oath of the Constitution to uphold it and are getting away by making policies and utterings undermining the very same Constitution.
I am of the opinion that the Pandora’s Box is getting opened up. What if some other political party tomorrow declare quota for the Hindu trading community. If these declarations are not nipped in the bud the politics of this country is sure to turn violent. Communal harmony is at stake. EC can cut these political parties’ illicit ambitions to size and ensure they are within the rules.
EC must demand the withdrawal of this unconstitutional quota policy declaring it as a corrupt electoral practice. If the Congress advises to let the court decide ,EC must postpone elections in the State where there is a large chunk of voters following a particular religion e.g. Muslims in UP, and conduct elections after the court gives it verdict.Only such measures can ensure fair and free polls in India where the politicians are hell bent to play the divisive politics come what may.
EC by focusing on the movement of large amounts of cash in certain districts during elections and impounding them to ensure that cash don’t influence the gullible voters is doing a tremendous job on curbing this overt corrupt electoral practice. But the citizens want actions on the covert corrupt electoral unconstitutional policies to influence the voters in the entire State.
EC must take a call. Studied silence will be read as biased. Can we get a free and fair poll from the EC as mandated ?



