dna speaks to Former Additional Solicitor General (ASG) P Wilson regarding the Tamil Nadu polls that are being conducted today.
Former Additional Solicitor General (ASG) P Wilson tells Sai Manish that given the highest ever cash seizures in Tamil Nadu, the Election Commission has failed to exercise its powers under the Constitution to ensure a free and fair election in the state.
Q: Does the amount of cash seized in Tamil Nadu in these elections startle you?
A: Bribing of voters has always been a feature of elections in the state. But this time over Rs100 crore have been seized within a few days. If this election is held after so much cash and other incentives have been recovered in the state, the election is going to be a farce. This election doesn't represent the true will of the people anymore.
Q: The Election Commission (EC) says that the very fact that so much money has been seized shows their efforts are paying off.
A: The EC hasn't done enough in Tamil Nadu. They have failed to exercise the powers granted to them under the Indian constitution. This election is not a free and fair election. Given the amount of money circulating in the state, the elections fail to represent the true will of the people. The EC, by not doing this, is encouraging the parties to use their money power. If things continue like this in TN, then the party with the most money distributing capacity should be called to form the government by the EC. Why hold such a farcical election?
Q: What is the problem with the EC?
A: Their problem is that they have under-estimated their own strength bestowed on them under the Constitution. If they are feeling helpless, then they should approach the Courts. The EC should give more powers to the Chief Electoral Officer (CEO). The CEO in TN feels that he is only doing a clerical job and is confined to only sending recommendations to the Chief Election Commissioner (CEC) in Delhi. The CEC should come here and see for himself that elections in Tamil Nadu have become a joke.
Q: How can you reform the EC?
A: There is an immediate need to eliminate the bureaucratic style of functioning in the EC. The officers should be quick to react to evolving situations on the ground. In TN, huge tranches of cash have been transported and disbursed without interception. It is now too late to for the EC to even have an estimate of the kind of bribing that has happened. The CEO has to wait for directions from the CEC to launch a raid. The CEC should tell the CEO that they shouldn't wait for their orders to act. The fear of hierarchy in the EC is reducing its effectiveness.
Q: Are you saying the EC has failed to conduct free and fair elections in the state?
A: Only two days before the polling day did the EC even think of increasing the number of police personnel to check cash distribution. They should have done it right from the day the code of conduct came into force. The AIADMK has made a mockery of the elections by announcing free scooters to the voters. The EC should have taken a scientific approach to understand the implications of these announcements and whether the parties have the kind of money to deliver on these promises. And if there is proof that political parties have given unreasonable inducements to the voters, then the EC should use its powers to de-recognize them.
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