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Source – This post on Election Commission powers against disruption of normal polling process is based on the article “Expert Explains: What Election Commission can do if normal polling process is disrupted” published in “The Indian Express” on 29th March 2024.
Why in the News?
Under Sections 58(2) and 58A (2) of the Representation of People Act, 1951 (RPA), the Election Commission of India (EC) invalidated the polls held on April 19 in 11 polling stations in Manipur and 8 polling stations in Arunachal Pradesh.
When Election Commission can use its powers against disruption of normal polling process?
1. Intentional Destruction of EVMs: Section 58 of the Representation of the People Act (RPA) empowers the EC to conduct fresh polls if intentional destruction occurs.
The process involves immediate notification by the Returning Officer (RO) to the EC and Chief Electoral Officer, followed by a formal declaration of void poll and scheduling of a new one.
Contesting candidates are duly informed, and voters participate with fresh inked marks to distinguish from the original poll.
2. Booth-Capturing: Section 135A of the RPA defines booth capturing, punishable under law. Section 58A allows for immediate action by the Presiding Officer, closing of EVMs and notifying the RO, who then informs the EC.
The EC may void the poll at the affected station or countermand the entire constituency’s election, depending on the severity.
3. Natural Disaster and Disruption: Section 57(1) of the RPA enables the Presiding Officer to adjourn polling due to various disruptions. EC approval is required for resumption. Only remaining voters are eligible to cast their votes upon resumption.
4. Death of a Candidate: Section 52 of the RPA addresses the adjournment of polls due to the death of a recognized party’s candidate. If the candidate passes away after a specified time, the RO informs the EC, postponing the poll. The EC then requests the party to nominate a replacement within seven days. The candidate list is updated accordingly.
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