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Local Government

Amendments

The Parliament on 22 March 2003 enacted the Election Laws (Amendment) Act, 2003 and Conduct of Elections (Amendment) Rules, 2003 which came into force with effect from 22 September 2003. By these amendments in the Act and Rules, those service voters belonging to the Armed Forces and members belonging to a Force to which provisions of the Army Act applies, have been provided the facility to opt to vote through proxy. Such service voter who opt to vote through proxy have to appoint a proxy in a prescribed format and intimate the Returning Officer of the constituency.

The Election and Other Related Laws (Amendment) Act, 2003 (46 of 2003) was enacted in 11 September 2003. By this amendment, new Section 29B and 29C were inserted in the Principal Act providing for contribution by any person or company other than a Government company to political parties, subject to the condition that any contribution in excess of Rs.20,000 shall be reported to the Election Commission for any claim for Tax relief under the Income Tax Act, 1961. The Act also inserted Part A (Section 78A and 78B) regarding supply of copies of electoral rolls and certain other items to candidates of recognised political parties. This Act also amended Section 77(1) regarding maintenance of election expenses by candidates whereby expenditure incurred by specified number of 'leaders' of a political party on account of travel by air or by any other means of transport for propagating programme of the political party alone shall be exempted from being included in the account of election expenses incurred by the candidate in connection with the election.

The Parliament on 1 January 2004 enacted the Delimitation (Amendment) Act, 2003 whereby Section 4 of the Principal Act was amended to provide that the Delimitation will be held on the basis of the 2001 Census figures.

The Parliament on 28 August 2003 enacted the Representation of the People (Amendment) Act, 2003 whereby open ballot system was introduced at elections to the Council of States. In this system an elector who belongs to a political party is required to show the ballot paper after marking his vote to an authorised agent of that political party. The requirement that a candidate contesting an election to the Council of States from a particular State should be an elector in that particular State was also dispensed with.

Electoral Reforms

In C.W.P. No. 4912 of 1998 (Kushra Bharat Vs. Union of India and Others), the Delhi High Court directed that information relating to government dues owed by candidates to the departments dealing with Government accommodation, electricity, water, telephone and transport (including aircrafts and helicopters) and any other dues should be furnished by the candidates and this information should be published by the election authorities under the Commission in at least two newspapers having local circulation, for information of electors. Accordingly, the Commission modified items 3(a)(iii) of the format of the affidavit prescribed vide its order dated 27 March 2003 relating to right to information of electors regarding the background of candidates and also issued necessary directions to the District Election Officers regarding publication of the information furnished by the candidates in the newspapers as directed by the Delhi High Court.

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Source: India Book - A Reference Annual