Civil Society Groups Say They Don’t Trust Election Commission

They Call for Establishment of a Citizens’ Vigilance Commission

Newsreel Asia Insight #231
May 24, 2024

More than 120 civil society organisations convened in Bengaluru city to develop an action plan to safeguard India’s democracy, expressing deep concerns about the Election Commission’s (EC) perceived failures and potential vote manipulation on counting day. The gathering, held under the banner of “Wake up Karnataka,” included activists, former bureaucrats and experts who highlighted the EC's shortcomings and proposed measures for accountability.

Addressing the media, political economist Parakala Prabhakar cited the exclusion of the Chief Justice of India from the election commissioners’ selection committee as a significant concern, casting doubts on the EC’s impartiality, as reported by Deccan Herald. “We are not accusing the EC of anything. However, it is for the EC to establish that our doubts are unfounded,” Prabhakar was quoted as saying, pointing to the EC’s actions that have heightened public distrust.

Several specific issues were detailed, including the EC’s inaction against repeated violations of the Model Code of Conduct (MCC) by prominent politicians, refusal to publish Form 17-C (the final count of polling data) and mishandling voter denial issues. These actions, he argued, undermine public confidence in the electoral process.

Retired IAS officer M.G. Devasahayam spoke about the unprecedented doubts and suspicions surrounding the current elections. Comparing the current atmosphere to the post-Emergency elections of 1977, Devasahayam said that, unlike the free and fair elections of the past, today’s electoral process is marred by significant concerns. He warned that the EC’s resistance to cross-verifying votes with VVPAT could lead to massive electoral fraud, urging vigilance to ensure the will of the people prevails.

Activist Teesta Setalvad called for the establishment of a citizens’ vigilance commission, comprising former judges, bureaucrats and police officers, to monitor the EC’s processes. Setalvad also proposed conducting independent media polls to counteract the government’s control over the media and to demonstrate growing support for opposition states.

Recent judicial actions have further illustrated the EC’s perceived failures.

The Calcutta High Court restrained the Bharatiya Janata Party (BJP) from publishing derogatory advertisements against the Trinamool Congress (TMC) in West Bengal, criticising the EC for failing to address TMC’s complaints in a timely manner, according to The Indian Express. Justice Sabyasachi Bhattacharyya noted that the EC’s delay in resolving these complaints undermined the electoral process and citizens’ right to free and fair elections.

Further, Alt News noted that the swift action against Samajwadi Party leader Maria Alam Khan for urging Muslim voters to practice “vote jihad” contrasted sharply with the EC’s reluctance to act against similar alleged violations by BJP leaders. Despite multiple instances of BJP leaders using religious sentiments and inciting communal feelings during their campaigns, the EC has been criticised for its selective enforcement of the MCC.

Examples of these violations include BJP MLA T. Raja Singh’s alleged inflammatory remarks against Muslims during a pre-poll rally, as pointed out by Alt News. Despite his remarks clearly violating MCC guidelines, no action has been initiated against him. Similarly, BJP MP Tejasvi Surya made communal and derogatory statements during a campaign rally, yet no prompt action was taken.

Prime Minister Narendra Modi also made controversial remarks during an election rally in Dhar, Madhya Pradesh, suggesting that the Congress party might re-implement Article 370 on Kashmir and impose restrictions on the Ayodhya Ram Temple, Alt News said. These statements, part of his broader strategy to polarise voters, further illustrate the EC’s selective enforcement of the MCC.

Prabhakar was quoted as saying, “…The people’s will should be reflected on the ballot, whatever that it is. If that were not to happen, the civil society will have to challenge it to assert the civic rights of the people.”