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EC will convey concerns to govt, says Om Prakash Rawat

CEC OP Rawat talks about electoral bonds, disqualification of AAP MLAs on his first day

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CEC Om Prakash Rawat (C) with Ashok Lavasa (L) Election Commissioner and Sunil Arora Election Commissioner in New Delhi
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The Election Commission is yet to firm up its view on the BJP government's new scheme of electoral bonds — described dangerous for the democracy by many political parties — and will soon flag its concerns to the government.

"Our Secretariat is examining threadbare as to what are the imports vis-à-vis our earlier suggestions and issues on electoral bonds. The examination will be complete in a couple of days, and the Commission will then decide as to what of its concerns have been met and which are remaining. Then we will respond to the scheme accordingly," said Chief Election Commissioner Om Prakash Rawat in his first interaction on Thursday.

Rawat said that the Commission will not hazard initial thoughts on electoral bonds as it is dicey.

"We thoroughly examine and consider all aspects in the meeting and then finalise our views. That exercise will take more time. But surely, we will respond," he said.

On the issue of discrepancy in lawful donations, where the government on one hand has lowered the limit of cash donations to Rs 2,000 but on the other has made it mandatory to reveal and seize donations of above Rs 20,000 made in cash, Rawat said the issue is being examined as it was also part of the finance bill, 2017.

"We don't opine on such issues in a hackneyed manner. Our Secretariat is already in an advanced stage of examining the full electoral bond scheme. We have written on all points, including this and many other. The commission will take a view where they are falling short and where some tweaking is needed and will respond accordingly," said Rawat.

Rawat said the government will have to do a lot of work — in the realm of bringing amendments in the constitutions and the laws and provide logistics to the Commission — to make simultaneous elections a possibility.

Rejecting charges made by the Aam Aadmi Party (AAP) that the Commission did not accord them a hearing, Rawat said, "The commission issued two notices to AAP, but they responded on something which was not in the context of the notice. The notices were very comprehensive and AAP could have said whatever they wanted to explain."

Rawat said he does not subscribe to the view of trust deficit between EC and political parties. He said expression of adverse opinions is not really indicative of a trust deficit, as politics is the art of the possibilities and politicians work on those lines.

"Whereas, the EC has to have a 360 degree comprehensive information on every issue and decide objectively. So we are doing whatever is befitting to us and they are doing whatever is befitting to them," he said.

"We cannot put cart before the horse. Logistical issues are subservient to legal issues unless legal framework is replaced we cannot talk about it (simultaneous polls). The legal framework will take a lot of time, bringing constitutional amendments and making new laws. Once that is done come the logistics. The election commission is a creature of the constitution and we have to perform willy-nilly whenever the elections are to be done in whatever way prescribed by the law," said Rawat.

The new CEC said, the Commission is concerned about the practicability aspect of section 126 of the Representation of People's Act as it is being violated by people unknowingly and innocently through social media without knowing that they have liable for prosecution and two years of imprisonment.

Rawat said Commission dug out such issues came up after Lok Sabha polls of 2014 and during Bihar polls of 2015 and was examining it at the Commission level when they suddenly realised that if such a large number of innocent people need to be criminalised it was high time to revisit the section.

"That is why we have set up a committee gave it three months time to submit the report and then suggest to the law minister for bringing about a change," he said.

On being asked by the DNA if how he is trying to insulate himself after seeing the case of his predecessor, Rawat said, he has always taken things on the face value and responded and acted accordingly and recused himself from the AAP's case.

"Subsequently, once commission requested him to come on board to decide this matter I agreed and came on board and decided the case. So it is a learning process you keep on learning the nuances of different environment," he said adding that there was no question of regret or anything in life, in working.

"Every such event makes you wiser or makes you amend your thinking, either way you benefit," he added.

The commission will restart seeding Aadhaar numbers with the voter ID card as soon as the Supreme Court gives a decision on its plea, Rawat said. The EC had discontinued seeding Aadhaar when the court had given its ruling last year. By then it had seeded about 30 crore Aadhaar numbers.

Rejecting rumours that the disqualification of AAP had to do something with CEC AK Joti's retirement, Rawat said, the timing was determined by the flow of events because three commissioners had heard the case — Dr Zaidi, Mr Joti and he himself.

"The commission works on majority - either unanimity and if there is no unanimity then majority. When Dr. Zaidi retired only one commissioner was there so commission felt that this won't be decided unless the second commissioner is on board so they requested me and I came on board. The same situation was arising on Mr. Joti retirement as I would have alone and issue would have again gone for a re-evaluation. As such it had taken more than two years," said the CEC.

In a message to the political parties, Rawat said, they should all work together to make India known for free and fair and credible elections world over, which is our image right now .

"Wherever we go for international conferences even developed counties look up to us, how do they carry out such elections with so much of transfer of power and that is why I say the point of public perception is not very correct because so much have been done by the commission," said Rawat.

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