Networking - Citizens' Action Network (CAN)
Letter sent to the Cheif Election Commissioner by the Voters Awareness Campaign of The Catalyst Trust

19 February 2004

Sri T.S. Krishnamurthy
Chief Election Commissioner
Election Commission of India
Nirvachan Sadan
Ashoka Road
New Delhi - 110 001

Dear Sri Krishnamurthy,

We are glad to inform you that the Citizens’ Action Network constituted by The Catalyst Trust, Chennai, with fraternal Voluntary Organisations/ Movements in Tamilnadu has proposed to launch a Voters Awareness Campaign for the ensuing Parliamentary Elections under the Chairmanship of respected former Parliamentarian Thiru Era. Sezhiyan. The list of organisations in the Network as well as the brief outline of the campaign is enclosed.

The Campaign will be totally non-partisan and the thrust of the Campaign will be to sensitise the voters on the need for voting without fail and also for voting for good, honest and competent candidates. For this we request the help of the Election Commission in the following matters;

1. Making available the Affidavits filed by the Candidates to Voluntary Organisations

The identification of good, honest and competent candidates has been made easier after the landmark judgement of the Supreme Court of India upholding the Voter’s Right to Know about the Criminal antecedents, Property owned, Loan liabilities, and Educational Qualifications of the candidates as they will have to now file an Affidavit along with their nomination paper giving full and true details on these matters. In our Campaign we would like to make use of these Affidavits and give publicity to the voters in the constituency. For these, it is necessary that the Affidavits of the candidates are furnished to us.

As per the Elections Commission’s Order No.3/ER/2003/JS-II dated 27th March 2003 – Para 16 (4) the information furnished by each candidates in the Affidavit shall be disseminated by the Respective Returning Officer by displaying a copy of the Affidavit on the Notice Board of the above office and also by making the copies thereof available freely and liberally to all our candidates and the Representatives of the print and electronic media. We would like to suggest that the information furnished by the Candidates in their Affidavit may also be made available in the internet as and when the Affidavits are filed and further that a few days before the poll the Election Commission may furnish constituency wise names of candidates facing criminal charges involving moral turpitude and are having previous conviction and also those who have movable and immovable properties and loan liabilities above a specific figure say Rs.25 Lakhs. We would also like to suggest that the copies of the Affidavits may be given to interested Voluntary Organisations for a reasonable fee. Since the Affidavits do not contain details about previous convictions and only Part III A of the nomination paper contains details about the previous conviction, Part III A also may be disseminated to the media and interested Voluntary Organisations. In this connection we would like to bring to your notice that copies of the Electoral Rolls part-wise are being made available to such organisations by the Chief Electoral Officer for a fee of Rs.1.20 per page.

2. Giving wide publicity to Rule 49O of Conduct of Election Rules 1961

In our Campaign we propose to ask the voters to vote without fail and also to vote for the best candidates among those standing in their constituency taking in to account the information furnished by the candidates in the Affidavit. In case they find no candidate to be good enough to merit their vote, we are requesting them still to go to the polling station and register their presence and then decide not to vote as per rule 49 O of the Conduct of Electoral Rules 1961. The existence of this rule 49 O is not at all known to voters. We request the Election Commission to give wide publicity to this rule so that those who do not like any candidate do not remain in their home but express their strong feelings in this regard by utilising this rule. We further request that all the presiding officers of the polling stations may be appraised of Rule 49 O so that they may not raise any objection or cause any difficulty to a voter deciding note to vote under Rule 49O.

3. Introducing in the EVMs a column titled “None of the Above”

While Rule 49O certainly gives the voter an opportunity not to vote if he/she is not satisfied with the candidates is not able to make his decision in secrecy which he could do when the conventional ballot paper is used in stead of the Electronic Voting Machine. We suggest that a column may be introduced in the EVMs at the end of the names of all candidates titled “None of the above”. This will facilitate the voter to express his dissatisfaction with the all the candidates in total secrecy. We request the Election Commission to take immediate action in this regard.

4. Election Commission itself to take action against persons indulging unlawful activities like booth capturing during the poll

Unfortunately, over the years violent activities like booth capturing and intimidating the voters have increased. Very often powerful political figures lead these violent activities. No action is taken against them by the Governments both at the Centre and at the State.. We would like to suggest that in such cases the Election Commission itself should take action. The Observers nominated by the Election Commission should be instructed to be watchful about such happenings and identify the leader(s) who incite such violent activities, so that the Commission can take action against them both under IPC as well as under the Representation of Peoples Act 1951. In this connection we would also bring to the Commission’s notice the Supreme Court observations on the Constitutional responsibility of the Commission to ensure that the election is fully fair and free.

As the time available for us for the Campaign is very short we request early orders from the Election Commission on our suggestion particularly for making available the Affidavits filed by the Candidates as well as form Part III A of the nomination paper to Voluntary Citizens Organisations on payment of a reasonable fee.

Thanking you,

Yours sincerely,


A.K. Venkat Subramanian
Convenor, Voters Awareness Campaign
Convenor , Citizens Action Network
Trustee, The Catalyst Trust


BRIEF OUTLINE OF THE CAMPAIGN

  • The main thrust of the campaign is to sensitise the voters on the need for voting without fail. This is necessary since more than two crores voters in Tamilnadu (42.05%) did not vote during the Parliamentary elections in 1999.
  • Since only persons whose names are in the voters list can vote, people will be requested to check whether their names have been included in the final list to be published shortly by the Chief Electoral Officer.
  • If their name is not included people will be requested to apply immediately in the prescribed form for inclusion.
  • Since the copies of the Electoral Roll part-wise can be now obtained by any interested non governmental organisation from the Zonal Officers of Chennai Corporation or the Taluk Officers in other areas, on payment of a normal fee of Rs.1.20 per page, Voluntary organisations will be requested to obtain the Electoral Roll pertaining to their locality and verify the accuracy, particularly with reference to exclusion of people who are either dead or no longer living there having left the place long back .
  • After the verification, the Voluntary Organisations should handover a copy of the corrected roll to the respective Electoral Registration Officers (Zonal Officers in Chennai Corporation and Revenue Division Officers in other areas) with a request to forward the same to the Presiding Officers of the concerned Polling Stations for the use of the time of polling.
  • The campaign will not only ask people to vote without fail but also to vote for good, honest and competent candidates.
  • After the Supreme Courts’ landmark judgement upholding the Right of Voter to know about the antecedent of those seeking their votes, the candidates have to file an Affidavit duly sworn before a First Class Magistrate or a Notary Public or a Commissioner of Oath. The campaign will request the members of the Citizens Action Network in the Constituency to obtain the Affidavits from the concerned Returning Officers and disseminate the contents thereof to voters in the Constituency.
  • The Voters in the Constituency will be requested to vote for the candidate who appears to be the “best of the lot” from the information furnished in the Affidavit.
  • In case the voter finds no candidate to be good enough to merit his/her vote he/she will be requested still to go to the polling booth and refuse to vote as per Rule 49 O* of the Conduct of Election Rules 1961.
  • On the date of the poll, members of the Citizens Action Network will monitor the peaceful conduct of the poll and will report immediately to the concerned authorities, including the Election Commissions’ Observer, Chief Electoral Officer and Election Commission, if any untoward incidents occur in their locality.
  • The campaign will issue necessary handbills and posters indicating the above course of action to the members of the Network for dissemination in their Constituency.
  • Local Cable TV networks will also be requested to give publicity for the above course of action.
  • The Chairman of the Voters Awareness Campaign will be writing to the Election Commission to make available the Affidavits to the members of the Campaign.

The Chairman will also write a letter to leaders of all the major parties requesting them to nominate honest and competent candidates of whom the voters can be proud to elect them as their member in the Parliament.

List of Organisations in the Citizens Action Network

  1. The Catalyst Trust
  2. Makkal Sakthi Eiyakkam
  3. Federation of Consumer Organisations Tamilnadu and Pondicherry (FEDCOT)
  4. Retired Officials Association
  5. Tamilnadu State Agriculturist Association
  6. Tamilnadu Lanjam Kodathor Sangam
  7. Tamilnadu Pasumai Eiyakkam
  8. Movement to Enroll Ten persons in a village in Gandhian Way
  9. Tamilnadu Sarvodhaya Mandal
  10. South Indian Liberals of Thiru V.P. Amirthalingam
  11. Paalam Founded by Thiru P. Kalyanasundaram
  12. Shanti Ashram, Kovaipudhur
  13. Rajaji Centre for Public Affairs, Chennai
  14. Sathyamurthi Centre for Democratic Studies, Chennai
  15. Gandhian Movement for Clean Government, Chennai
  16. Transparency International – Tamilnadu Chapter, Chennai
  17. Anti Corruption Movement, Chennai
  18. People’s Watch
  19. Gandhi Peace Mission
  20. Indian Liberal Group