‘CONCEPT OF FREE AND FAIR ELECTION’
“This concept includes even preliminary stages to election such as delimitation of constituencies, preparation, revision or amendment of electoral rolls and many others.
Mainly, concept of free and fair election relates to political liberty and equality.
Free and Fair‘ in matters of election connotes that no one, under the electoral process, is in bondage of another, having his personal rights, social and political liberty, free thinking and choice subjected to a legal discipline. While exercising his right to vote one is not under undue influence of party discipline, religion, caste, creed, sex, language and also one is not under the strain of corrupt practices and so on. Thus, free and fair elections are the foundations of democratic form of government. To ensure the purity in elections the following essential conditions must be fulfilled:
(i) There should be a set of election laws which must cover the entire process of elections with the primary object to create and maintain that sort of atmosphere in which the electorate can choose their representatives by the exercise of their free will without any pressure or hidrance or undue influence from any quarter.
(ii) The election law must contain equal and justful demarcation of constituencies, principle of one man one vote and the secrecy of voting, a just procedure for casting votes and for counting and declaration of election results.
(iii) The conduct of elections must be assigned to an independent authority who can function impartially and who is free from external pressures from the party in power or executive of the day. There should not be any encroachment by government or other agency in exercise of his powers and duties assigned to him under law. The conduct of election should be left unhindered in the hands of the election machinery.
(iv) As a necessary requisite, there must be co-operation between the wings of government and citizenry, each of them discharging the duties assigned to them by law. Any civil authority or government official must not exercise a power unless exercise of it is authorised by some specific rule of law and the people should obey the law.
(v) The supervision of disputed elections should be assigned to some judicial authority who can determine the question whether there has been a valid election on the basis of facts and election law which should contain the requisite qualifications for candidates, the method of voting, definition of corrupt practices by candidates and their election agents, etc. and other cognate matters. The election disputes must be resolved expediously in conformity of the procedure laid down by law. Thus, the cumulative effect of above all factors needs proper observance, implement and enforcement of all constitutional and other laws relating to elections.
(vi) In short, to conduct election in conformity of law is to maintain the purity of it and non-conformity of such laws would result in impure elections.”
(Courtesy by International Journal of Multidisciplinary Approach and Studies)
SENDER:
Balbir Singh Sooch-Sikh Vichar Manch
First Posted on September 18, 2016 at 10: 21 AM (IST)
http://www.sikhvicharmanch.com/
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ਬਲਬੀਰ ਸਿੰਘ ਸੂਚ (ਵਕੀਲ)
‘CONCEPT OF FREE AND FAIR ELECTION’
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