‘Only House members should have power to disqualify’
“The Parliamentary Standing Committee on Law and Justice strongly feels that it is expedient to enact law for giving statutory backup to Model Code of Conduct leaving no vacuum for EC to exercise its power.
The Committee recommends that provisions of MCC may be formed a part of Representation of People Act, 1951 or rules framed thereunder for free and fair elections in the country,” panel chairman Shantaram Naik said.
The Committee stressed that orders issued by EC may be suitably incorporated in the Representation of People Act, 1951, or rules framed there under.
It said persons other than members of the House should not be given powers to make application to disqualify an MLA or an MP. It also recommended that valuation of assets be done at the cost of acquisition of such assets and sought simplification of nomination papers.
On making of Code of Conduct applicable from date of notification, Mr Naik said elections these days are held in multiple phases where enforcement period of the code invariably exceeds the period of six weeks resulting in paralysing of developmental works. “The committee is of the view that fast track courts be set up to dispose of election petition within period of 12 months,” it said.
The committee added: “When EC de-recognises a party, it takes away its symbol also, thereby, in practice, de-registering a political party. Parliament has not given power to EC neither de-register or de recognise any political party... The Committee, has recommended that MCC may be incorporated either in the Representation of People Act, 1951 or rules framed for conducting free and fair election.”
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