The Election Commission of India (ECI) took steps to countermand elections in at least one constituency due to alleged bribery and electoral malpractices by candidates and banned several unsuitable television advertisements by political parties.
Indian President Ram Nath Kovind rescinded the election to the Vellore Lok Sabha (Lower House of Indian Parliament) seat based on a recommendation of the Election Commission, following a detailed report on the use of money power to influence voters. The I-T Department had seized Indian Rs.114.8 million from the house of an alleged associate of Dravida Munnetra Kazhagam (DMK) treasurer, whose son is the party candidate for Vellore. It has also banned the telecast of three election campaign advertisements of the All India Dravida Munnetra Kazhagam (AIADMK) targeting the DMK on the grounds that they violated the Model Code of Conduct (MCC) imposed by ECI.
New electoral system
Although President Maithripala Sirisena recently declared that, ‘2019 is the Year of Elections’, there is an uncertainty whether the presidential elections, general elections or provincial council elections would be held first. At the same time President Sirisena pointed out that ‘nobody wants the current practice of Proportional Representation system’ and emphasized the imperative need for a new system.
While formulating a new electoral system, many lessons could be learnt from our neighbouring giant India, where the world’s biggest democratic electoral exercise is currently taking place.
Dinesh Gunawardena Committee Report on Electoral Reform provided a comprehensive and sound foundation for a new electoral system. The Committee, headed by experienced leader of Mahajana Eksath Peramuna (MEP), submitted its report nearly 15 years ago.
The principal focus of all representations to the Gunawardena Committee were on the system of elections. These representations deal with the Sri Lankan experience in relation to the First-past-the-post system of elections which was in force at the beginning and the Proportional Representation with Preferential Voting System introduced later.
The Committee has reviewed the strengths and weaknesses of both systems from several perspectives. The majority view favours reforms to the present system leading towards a Mixed System of a combination of First-past-the-post and Proportional Representation Systems. Concerns were raised in respect of a proposed change of the present system by minority parties and communities of interests who urged the committee to ensure equitable representation in the system that is finally proposed.
The Committee recommended that a mixed system be adopted which includes elements of First-past-the-post and Proportional Representation systems.
For Local Government elections, the Committee considered the representations received and the recommendations of the member of the Presidential Commission on Local Government Reforms and of the Commissioner of Elections, and suggested that the present system based on the Proportional Representation and Preference Voting should be replaced by a combined system of wards and Proportional Representation.
This was implemented at the Local Government elections in February 2018. However, it was found out that there were many lapses. The number of members elected was increased adding a heavy burden to the treasury.
Dinesh Gunawardena Committee, while proposing a mixed system, stressed that the present number of Members of Parliament should not be increased.
Another important proposal of the Committee was to introduce Electronic Voting Machines to the electoral process in order to eliminate instances of poll rigging, errors in counting and computation of results. A demonstration of Electronic Voting Machines used successfully in India was held for the benefit of the members of this Committee by two companies, the Electronic Corporation of India and Bharat Electronics Limited.
Commenting on recent elections, Indian analysts stated that the electronic voting system is foolproof. “Although bribery and corrupt practices are continuing, once the voter cast his or her vote, nobody can tamper with it,” an analyst said. “The sealed ballot boxes are safely kept for weeks until the counting say in May 2019”.
Dinesh Gunawardena Committee recommended the establishment of a Standing Committee of Parliament on Franchise and Elections which would keep the implementation of the relevant laws under constant review and propose necessary reforms in the light of the conduct of different elections.
For this purpose, several powers of the Election Commission of India could be incorporated to the Sri Lankan Elections Commission Act. India’s Chief Election Commissioner Sunil Arora said on the day of filing nominations that the Election Commission will “closely monitor” social media platforms for any objectionable content and advertisements, which will have to be pre-certified by the poll panel. Political advertisements posted on the social media by candidates or parties would be included in the election expenditure, he said.
Monitoring committees
“Media certification and monitoring committees (MCMCs) are in place at the district and state levels. One social media expert will also be part of this committee at each level now. All political advertisements, proposed to be issued on the social media, shall require pre-certification from the MCMC concerned,” Arora said.
In addition to countermanding polls in Vellore electorate, Tamil Nadu Chief Electoral Officer Satyabrata Sahoo, through two letters directed television channels and the print media to stop telecast of the videos forthwith and warned that beaming the advertisements would “attract severe punishment and penal provisions of the Cable TV Act and law in force”.
Earlier, the DMK submitted complaints to the ECI alleging that the AIADMK advertisement made baseless and scandalous charges against the DMK in its advertisement on the Sri Lankan Tamil issue by showing dead bodies.
As per the Cable Television Networks Rules, 1994, in India, advertisements carried in the cable TV should conform to the laws of the country and morality, decency and religious susceptibilities of the subscribers.
As some political parties were telecasting political advertisements without the approval of the State-level Media Certification and Monitoring Committee, the ECI also warned of strong action in case of violations.
In a separate communication to electronic houses and the State-run Directorate of Information and Public Relations (DIPR), the Tamil Nadu Chief Electoral Officer said, “If any of the political advertisement is continuously telecasted/webcasted or played through electronic, social or print media, the matter will be brought to the notice of the ECI immediately and appropriate action will be initiated as per law.”
Chairman of Sri Lankan Election Commission, Mahinda Deshapriya displayed his mettle by his outright quote, “Why not shoot in the head,” when a scribe asked whether he would order the police to ‘shoot below the knee’ if anybody attempts to grab polling boxes. But inadequacy of his powers became evident due to his inability to hold Provincial Council elections, although the terms of eight of the nine PCs have ended.
Some of the proposals made by the Dinesh Gunawardena Committee on Provincial Council elections are yet to be implemented.
The Committee mentioned in its report that the Commissioner of Elections on inquiries made by the Select Committee stated that in order to freeze the present membership of the Provincial Councils and to hold elections for all Provincial Councils on a single day, amendments to the existing laws must be brought in urgently.
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