Column

Recently a petition questioning the election of a murder convict to Lok Sabha six years ago got dismissed as the Allahabad High Court said the term of the lawmaker had expired during the pendency of the lawsuit. In other words, the high court has missed an opportunity to deliberate on the core issue whether petitions that raise serious objections to the election require speedy disposal in order to do complete justice to the aggrieved party and also the elected lawmaker.

In fact all the lawsuits involving the legality of elections of some of the prominent MPs such as home minister P Chidambaram have been awaiting disposal at the high court level even though over two years of the Lok Sabha term has gone by and speculations about early polls are already rife.

The lawsuit against Varun Gandhi’s election to the Lok Sabha has been dismissed and it may soon come up for hearing before the Supreme Court. Similarly, all the petitions decided in favour of a contestant or a lawmaker would land up before the top court for final appeal.

It is trite an election is the essence of democratic system and its purity must be maintained to ensure fair play. That’s possible only through a fair dispensation in a fast track manner. Even public interest requires that sword of Damocles should not remain hanging indefinitely over the head of an elected candidate. It has been argued that an election petition may act as a psychological fetter and may not permit a lawmaker to act with full freedom.

It is also a matter of concern what would happen to the orders and decisions of a lawmaker who had become a prime minister, a chief minister or a minister and was later found to be illegally elected. Ironically, all the decisions taken by him remain lawful though he was not entitled to be a law minister. Isn’t it a big joke on the democratic governance? What’s baffling is all the governments have so far turned a blind eye to the recommendations made by the Administrative Reforms Commission and the Committee that reviewed the Constitution.

They strongly felt the need for setting up special election benches in the high court. The Election Commission has approved it. ARC said the special election tribunals should be constituted at the regional level to ensure speedy disposal of election petitions and disputes within a stipulated period of six months. Each tribunal should comprise a HC judge and a senior civil servant with at least five years experience in conducting elections. Even the law says all poll pleas must be decided within a period of six months.

The delay in deciding the poll petitions is like taking the democracy for a ride.Even as the country faces the issue of tainted lawmakers, at least the disqualified lawmakers shouldn't be allowed to be members of the highest law making body.