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The Election Commissions attention has been drawn to certain statements of a leader of Indian National Lok Dal, made in the media, both print and electronic, regarding the elections, which are currently in progress in the State of Haryana. While the Commission has nothing to say about political parties, individuals or groups, commenting on any decision taken by it, the Commission is deeply pained and anguished at certain remarks which amount to character assassination and particularly the singling out of one of the members. Apart from the fact that such remarks bring down a constitutional authority in the public estimation, the same show the lack of understanding of the Commissions functioning. The Commission is a multi-member body in which all members have an equal say in its decision-making and all decisions that have been taken in connection with the conduct of the general elections in Haryana as well as the general elections in Bihar and Jharkhand which are also currently in progress, have been taken jointly and unanimously by all the members of the Commission. The allegations made against the Commission as also against its officers are categorically dismissed as beneath contempt.
Some misunderstanding has also been sought to be created in the minds of the people on account of the decision of the Commission to advance the date of counting in Haryana from 27th February to 23rd February, 2005. It has been a uniform practice in the past that whenever general elections take place to more than one State simultaneously, the counting is taken up after the polling process in all concerned States is over. That is the precise reason for which the counting in all the three States of Haryana, Bihar and Jharkhand was initially fixed to be taken up on 27th February, 2005. However, the Commission on reconsideration, felt that the counting of votes in Haryana could be taken up on 23rd February, 2005 itself when the polling in Bihar and Jharkhand would be over on that day and that the results of election in Haryana, even if announced on the evening of 23rd February, would not have any adverse effect on the polling in Bihar and Jharkhand. It is in view of these considerations that the date of counting has been advanced in Haryana. The endeavour of the Commission is always to complete the election process as expeditiously as possibly.
In this context, the Commission would like to clarify that it has already kept in mind the point raised with regard to the counting of postal ballot papers. The Commission has already directed the Returning Officers to count all postal ballot papers which are received by 4.00 P.M. on 23rd February and it has further directed them not to declare the result in any constituency where the number of postal ballot papers expected to be received back by 8.00 A.M. on 27th February, might materially affect the result of election and to wait for the declaration of result in such cases upto 8.00 A.M. on 27th February, 2005. This arrangement meets fully the meaning of material affect on elections as explained by Supreme Court in catena of decisions like Vashisht Narain Sharma Vs Dev Chand & Others [AIR 1954 SC SB]. Samant N. Balakrishna Vs. George Fernandes & Others [41 ELR 260 (SC)], Shiv Charan Singh Vs. Chandra Bhan Singh [AIR 1988 SC 637].
Election Commission of India
New Delhi: Magha 30, 1925/February 19, 2005
RM/BK/NSR
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