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EC alone can decide on polls: Seshan

By Our Special Correspondent

SHIMOGA Aug. 18. It is the prerogative of the Election Commission (EC) to decide as to when elections should be held and nobody can give directions to it in this regard, according to the former Chief Election Commissioner, T.N. Seshan.

Asked for his reaction here today to the decision of the Election Commission to defer the elections to the Gujarat Assembly, Mr. Seshan told The Hindu that the Chief Election Commissioner (CEC), J.M. Lyngdoh, had acted within his powers if the elections were put off on the ground that the situation was not conducive to ensuring free and fair elections.

He said it was significant that the Election Commission took this decision after the CEC and the two election commissioners visited Gujarat to get to know the situation personally.

Mr. Seshan said the Gujarat Chief Minister, Narendra Modi, who enjoyed a majority, had every right to dissolve the Assembly. He said it was mandatory under the provisions of Article 174 of the Constitution that elections be held within six months of the last day of the previous sitting of the House. But if elections could not be held within the stipulated period for any specific, valid reason, then the Election Commission could invoke Article 324 which conferred the commission with the right to decide when free and fair elections could be held.

Mr. Seshan was here to deliver a speech on "The state of India" under the auspices of the Keerthisesha B. Doreswamy Iyengar Trust here.

Asked about the demand for President's rule in Gujarat in the light of the decision not to hold elections immediately, Mr. Seshan said the issue had to be decided by the Union Cabinet based on the Governor's report. The Union Cabinet's decision on imposing President's Rule, if taken, would have to be ratified by Parliament later.

When asked whether the Chief Election Commissioner could go to the extent of suggesting that President's rule be imposed in Gujarat, Mr. Seshan said he was not aware whether Mr. Lyngdoh had made such a suggestion. But it was not right for the Chief Election Commissioner to make such a suggestion if he had really done so. He, however, said he would not like to make any comments on it until he went through the text of the order passed by the Election Commission, in its entirety.

When asked to comment on the situation arising out of the standoff between the Union Government and the Election Commission on the elections to the Gujarat Assembly, Mr. Seshan remarked: "It seems we are in a mess." Asked whether elections could be held in Gujarat under the present circumstances, he said he would not like to say anything, as he did not know what the situation was in that State.

He expressed strong disapproval of the BJP terming the Chief Election Commissioner as a "Congress agent". He said that the Election Commission was one of the important Constitutional authorities and nothing should be done to denigrate it. He asserted that the Election Commission was not part of the Government. Hence, there was no need for it to be dictated to by the Government.

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