The Hindu : Amend rules to modify nomination papers, Centre told

Online edition of India's National Newspaper
Friday, May 17, 2002

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Amend rules to modify nomination papers, Centre told

By Our Special Correspondent

NEW DELHI MAY 16. The Election Commission has asked the Centre to help in implementing the recent Supreme Court order, which makes it mandatory for candidates to furnish details of assets held by them and their family members, by modifying the nomination forms for elections to Parliament and the State Assemblies.

The court, in its May 2 order, had also said that the candidates should declare whether they were ever convicted for any criminal offence, and if they had any liability towards any public financial institution. It had asked the Commission to make it mandatory for all the candidates to furnish the details in an affidavit as part of the nomination papers.

After studying the order which also had several other stipulations, a meeting of the full Commission felt that though it was empowered to pass an order for such an affidavit under Article 324 of the Constitution, it would be better if the Centre modified the nomination papers through an amendment to the Conduct of Election Rules, as it would have the "full backing of the statute,'' which may not be the case if an order was passed by the Commission itself, sources said.

The Chief Election Commissioner, J. M. Lyngdoh, wrote to the Union Law Minister, Arun Jaitley, in this regard on Tuesday. The letter was accompanied by a set of draft nomination papers incorporating the details required under the Supreme Court directive.

Amendments would also fulfil the court's order that the information on the assets, liabilities and the criminal background of the candidates be made available to the voters, since, according to the rules the returning officers have to put up copies of the nomination papers on their notice boards and make them available to anyone who want them.

The Supreme Court had given two months' time for the implementation of the order and it was hoped that the modifications as suggested by the Commission would be in place before the deadline ended, the sources added.

The sources also said that the elections to the post of President might be held between July 12 and 16 in tune with the past. In 1997, the election was held on July 14, in 1992 and 1987 on July 13, and in 1982 on July 12.

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