07-15-2007, 11:42 PM
Bhairon camp petitions EC
Pioneer News Service | New Delhi
Reacting to the United National Progressive Alliance's (UNPA) decision to abstain from voting in presidential elections, Vice-President Bhairon Singh Shekhawat's supporters on Saturday sought the Election Commission's intervention to ensure no MP or MLA is pressurised to stay away from the exercise.
"UNPA's decision amounts to issuing a whip which is not permissible in presidential elections," Shekhawat's spokesperson Sushma Swaraj said.
The Election Commission, she said, should take a notice of the move on its own. "It should ensure that the electors are allowed to vote," Swaraj said. Asked if there was any move for formally petition the Election Commission in this regard, Swaraj said: "We are getting this examined. Presidential elections are held by secret ballot and no party whip can be issued asking an elector to cast his vote for a particular candidate or in a particular manner."
A committee under senior BJP leader and former Union Law Minister Arun Jaitley is already considering legal action on the tapping of mobile and residential phones of NDA leaders and Shekhawat supporters. Jaitley might be asked to look into the legality of the UNPA call also, sources said.
The NDA camp has been emboldened by the remarks of former Chief Election Commission GVG Krishnamurthy, according to whom any advice to "abstain from voting in the presidential poll could violate provisions of the election law and invite action against parties. Even a direction to the voters not to exercise their preference for other than one candidate could amount to undue influence."
Constitutional expert Subhash Kashyap also said: "It is the privilege of individual members of the Electoral College to elect the President. In electing the President, no directive or whip could be legitimate and valid."
Noted jurist Ram Jethmalani has said the Constitution requires secret ballot for the presidential poll. This ensures perfect freedom of choice, a choice that nobody can investigate or question. Thus, the members of the electoral college have the freedom to vote as per their own conscience.
Pioneer News Service | New Delhi
Reacting to the United National Progressive Alliance's (UNPA) decision to abstain from voting in presidential elections, Vice-President Bhairon Singh Shekhawat's supporters on Saturday sought the Election Commission's intervention to ensure no MP or MLA is pressurised to stay away from the exercise.
"UNPA's decision amounts to issuing a whip which is not permissible in presidential elections," Shekhawat's spokesperson Sushma Swaraj said.
The Election Commission, she said, should take a notice of the move on its own. "It should ensure that the electors are allowed to vote," Swaraj said. Asked if there was any move for formally petition the Election Commission in this regard, Swaraj said: "We are getting this examined. Presidential elections are held by secret ballot and no party whip can be issued asking an elector to cast his vote for a particular candidate or in a particular manner."
A committee under senior BJP leader and former Union Law Minister Arun Jaitley is already considering legal action on the tapping of mobile and residential phones of NDA leaders and Shekhawat supporters. Jaitley might be asked to look into the legality of the UNPA call also, sources said.
The NDA camp has been emboldened by the remarks of former Chief Election Commission GVG Krishnamurthy, according to whom any advice to "abstain from voting in the presidential poll could violate provisions of the election law and invite action against parties. Even a direction to the voters not to exercise their preference for other than one candidate could amount to undue influence."
Constitutional expert Subhash Kashyap also said: "It is the privilege of individual members of the Electoral College to elect the President. In electing the President, no directive or whip could be legitimate and valid."
Noted jurist Ram Jethmalani has said the Constitution requires secret ballot for the presidential poll. This ensures perfect freedom of choice, a choice that nobody can investigate or question. Thus, the members of the electoral college have the freedom to vote as per their own conscience.