PIL IN GHC FOR DELETION OF BOGUS & MULTIPLE VOTERS IN NAGALAND
ACAUT Nagaland has filed a PIL in the Gauhati High Court about excess number of voters entered into the state’s electoral roll through dubious means such inclusion of names of illegal immigrant (vote bank), double and sometimes triple entries of names including names of non-existent persons. ACAUT in its PIL cited that as per Section: 17 and 18 of the Representation of Peoples Act, 1950 for the conduct of democratic Elections in India, it is clear that “no person should be registered as a voter in more than one place/constituency”.
Also ACAUT pointed out that as per Section: 31 of the Representation of Peoples Act, 1950- If any person makes, in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from an electoral roll a false statement or declaration which include bogus and multiple entry of names in electoral roll shall be punishable with imprisonment of one year or fine or both.
The penalty for such act of having Bogus and multiple voters within one place or constituencies as per Indian Penal Code, amounts to crime such as cheating, impersonation, falsification, forgery and conspiracy of the voter (s) officials of the Election Commission and administration in the preparation of the voter list and thereby vitiating the fundamental rights of equality and equal opportunity in the democratic process of electing one’s candidate/leader.
PIL: ACAUT had filed a Public Interest Litigation in Gauhati High Court vide PIL no 4 (K) 2017 in Kohima Bench to eradicate the menace of such unscrupulous practices happening in Nagaland where genuine voters are superseded by bogus and multiple voters all over Nagaland thereby incurring huge expenditures for the candidates during the elections. Evidences such as the existence of multiple voters where one person can be and are registered in 3-4 places, thereby blotting the electoral roll of Nagaland. This ultimately compromises the concept of ‘One Man One Vote’, violating the basic Fundamental Rights of Right to Equality and Equal Opportunity.
ACAUT urged upon the court to take cognizance of the matter present and issue and order strict orders to ensure that such bogus and multiple voters are deleted within the State of Nagaland and ensure the rule of law is enforce in toto. ACAUT was optimistic that the hearing of the PIL, later this month, would ensure the objective of ‘Clean Election’
Multiple voters: ACAUT maintained that practices of having name(s) registered in the electoral roll in respective Village(s) and also at the present residency violates the principle of one man one vote and deemed as illegal under various sections RPA acts and IPC. ACAUT said such multiple registrations of voters was anti-thesis to the democratic aim of the election commission to ensure Right to Equality ad Equal opportunity in electing one’s choice of candidate.
ACAUT noted that in Nagaland, the rampant multiple registration of voters in multiple places within one constituency and other constituencies cutting across tribal lines was the biggest obstacle and threat to clean and free and fair election.
It urged upon the Election Commission to run the de-duplication software without any fear and favor to delete and weed off this multiple voters spread out over Nagaland to ensure the fundamental rights of its citizen of equality and equal opportunity.
Bogus voters & threats of illegal immigrants as vote bank: The entries of huge numbers of ‘bogus and Illegal Immigrants’ in the Electoral roll for vote banks was the most glaring threats and danger facing the democratic election process in Nagaland, said ACAUT. The existence of such voters having the right to decide affairs and governance of the people that amount to threatening their future.
It demanded that ECI to delete such voters without any delay. If not, it said such persons having their names in the e-roll would claim their legal status despite their illegal stature. ACAUT also said village councils/BLOs/politicians encouraging such modus operandi should be warned of strict legal consequences for playing vote bank politics.
Violations of clean election: The existence of such bogus and multiple voters in Nagaland from other states make the concept of ‘Clean Election’ an impossible task as propagated by both NBCC and the Election Commission since genuine voters are superseded by such bogus and multiple voters.
The role of such voters be it vote banks or multiple voters both from within the state of Nagaland and from outside, especially neighboring Assam, if not checked will indirectly control the state.
Suggestions: The Election Commission and CEO of Nagaland should issue wide publicity both in visual-newspapers, graffiti, pamphlets etc. as well as audio-AIR and FM channel of the removal of bogus and multiple voters within a certain time frame and after the expiry of such dates they (ECI & CEO) should delete and remove the bogus and multiple voters without any fear or favor if they don’t remove on their own.
The Election Commission and CEO Nagaland office should also issue wide publicity of the consequences and legal implications of such bogus and multiple voter entries. If needed be, book those who have violated Section 17 & 18 of RPA as an example under Section 31 read with various section of Indian Penal code.
Election Commission and CEO of Nagaland should also file FIR in every district headquarters without naming anyone for violating Section 17 & 18 of RPA Act so that the same FIR can be further used to book those who are found guilty of violating the RPA act and denial of Fundamental Rights of its citizen.
Election Commission and CEO of Nagaland can easily detect the bogus and multiple voters by running their de-duplication software available with them.
For instance, tribal affiliations of the people in Nagaland to its own district and villages can be used to check the multiple voters of other tribes too to weed off the disease of bogus and multiple voters by using the de-duplication software posses by ECI. These simple steps will weed out most of the multiple voters within the state.
Election Commission and CEO of Nagaland can take photos of every voter during the election inside the polling booth and save it as per their serial number of their voter list and the same photo should be run using de-duplication software to remove multiple and bogus Voting during the election.
The Election Commission and CEO of Nagaland can also ensure video recording of the entire proceeding inside the polling booths to ensure the village authorities/groups or other forces does not do booth capturing during the election.