Electoral Malpractices

Ethics and Values (HUM1021)

Module 3
Faculty: Priyankar Sen
Meaning of Electoral Malpractices

Electoral malpractice as an injurious, negligent, or improper

practice in the process of elections. This illegal interference aims to increase the
number of votes for the favored candidate, and decrease the vote share of the
rest candidates. Many types of electoral malpractice are prohibited by electoral
law. Technically the term “election fraud” covers only those actions that are
illegal, because they break the principles of democracy.
• Why the Many Are Smarter Than
the Few and How Collective
Wisdom Shapes Societies and
Nations
• The right information needs to be
delivered to the right people in
the right place, at the right time,
and in the right way.
Election Commission of Indiahttp://eci.nic.in/eci/eci.html
• Election Commission of India established in the
year 1950
• EC is a constitutional, independent body to
conduct free and fair elections in India.
 The 3 “m” Powers

Money
• Use of Money Power starts right from the distribution of
tickets by the political parties.
• Most political parties will ignore the personal qualities of
prospective candidates.
• Importance is given to candidates who can contribute
maximum (Money) to the party corpus and who has fat bank
balance to purchase votes.
• In some states, most of the candidates spent many times
above the expenditure specified in the Peoples
Representation Act.
• Booth-wise agents are appointed to purchase floating votes.
• Per voter budget is Rs. 500-1000/- and cores of rupees are
spent few days before the poll date.
• The other methods like
 Handsome donations to Clubs and organizations, rented
crowds for party meetings
 Rally and campaigns with purchasable crowds
Muscle :
o Use of muscle power in elections
has become one of the biggest
challenges.

o Muscle power dictates selection of

candidates and party, forcing
people against voting freely.

o The armed groups in invigilation

remain powerless.
• The nexus between politicians and armed groups is a reality for
political survival of most of the candidates and political parties in
some states.
• Use of muscle power is rampant in the form of heavy monetary
demands to candidates, imposing ban on filing nominations,
ban on election campaigns, and even forcing people whom to
vote for or not to vote.
• Many candidates are capitalizing the deteriorating law and order
to their advantage to win elections.
Media:

o Yet another trend in election malpractices are

committed by electronic and print media.
o Media is supposed to play neutral role in a
democratic society.
o It is more so in democratic elections where media
reporting, publication of political views, projection
of the party and candidates images have direct
impact on the voting pattern in any election.
 Other Malpractices
• Freebies
• Rigging booth capturing
• Proxy voting
• Unfair mean to conduct elections
• Hate speeches against other contesting parties and candidates
• Vote Bank Politics
• Attacks on polling places
• Violence or the threat of violence
• Legal threats
• Economic threats
• Vote buying
• Misinformation
• Misleading or confusing ballot papers
• Misrecording of votes
 Remedial Measures
• As long as the electoral malpractices continue, the democracy will never be
the government of the people and wishes of the people will remain a distant
dream.
We have to do
• Public awareness of democratic rights,
• political awareness of the voters
• The voters have to act individually and collectively to protect their
democratic rights.
All Election malpractices could be minimized and totally eradicated if these
machineries perform their duties with democratic spirit.
 Electoral offences
• Promoting or attempting to promote on ground of religion,
race, caste, community or language, feeling of enmity or
hatred, between different classes of the citizens of India.
– 3 years Imprisonment or fine or both.
• Violating prohibition of public meetings during period of forty
eight hours ending with the hour fixed for the conclusion of
the poll (SECTION 126 OF THE REPRESENTATION OF THE
PEOPLE ACT, 1951)
– 2 years imprisonment or fine or both
• If the Presiding officer of a polling station has reason to
believe that any person has removed ballot paper or EVM out
of polling station, such officer may arrest or direct a police
officer to arrest such person.
– 1 year’s imprisonment or fine or both.
• Booth capturing is an offence.
– 3-5 years imprisonment and fine.
• Bribery- giving and accepting
– Bribery as a cognisable offence with minimum 2 years of
Imprisonment.
• Personation at elections—Whoever at an election applies for
a voting paper or votes in the name of any other person,
whether living or dead, or in a fictitious name, or who having
voted once at such election applies at the same election for a
voting paper in his own name.
– 1 year’s imprisonment or fine or both.
• Statements creating or promoting enmity, hatred or ill will
between classes.
– Imprisonment up to 5 years and fine.
• Section 20A of The Representation of the People Act, 1950,
Indian citizens living abroad owing to employment, education
or otherwise, and have not acquired citizenship of another
country, are entitled to be enrolled as elector in the native
constituency in India in which his/her home address falls.
• Qualifying date for eligibility for enrolment in the electoral roll
of a particular year: Age 18 - a person who turns 18 on 1st
January and 1st July is eligible.
• Over the period of time, especially in the recent years, money
has played a key role in influencing the 'decision making' at
the polls.
• There have been several instances of seizure of large amount
of cash, liquor, gift items etc. form the candidates and their
agents during the elections.
• Postpone the poll in the affected polling area or areas to
such later date.
• Where the poll has already taken place in the affected
polling area, declare the poll so taken as void.
• Countermand the election in that constituency.
(Section 123 of RP Act)
• EVM totalizer can count votes of multiple (14) Electronic
Voting Machines (EVMs) simultaneously without revealing the
votes in individual EVMs.
• https://www.youtube.com/watch?v=fbNsLVF4Q-I&feature=yo
utu.be
• This video shows how to use the EVM machine
• Also the next slide shows the movie on how secure the EVM
machines are - tamper-proof
• World’s largest democracy India goes for Election- EVM are
instrumental…
• The future of democracy and the destiny of our country lie in
the way we elect our political leaders.
• If democracy is to be accepted as the form of Government “of
the people, for the people, by the people”, it will only be
possible when the electorates are given freehand to exercise
their voting rights without coercion.
• We already have laws to check electoral malpractices in the
form of
– Peoples Representation Act
– Election Code of Conduct

• Successful implementation of these Acts and codes has

remained illusive in spite of the best efforts by the Election
Commission of India.
 Other Suggestions…
• Curb black money circulation
• Impose President’s rule three
months before the general
elections
• Fine tune the RTI Act
• Importance to negative votes
• Need for fast track court for
election disputes
• Deny permission for more than
two terms
• Curb family interests
• Conduct knowledge test for
candidates
• Bring Down cost of election
campaign
• Educate the voters
• Give security to Election
Commissioners / Electoral Officers
• Need for interaction between
Election Commission and people
belonging to lower income group
KNOW YOUR RIGHT