‘Had Considered Deferring Poll Phases But Decided Otherwise’: EC Rajiv Kumar In Draft Affidavit

While the Election Commission fought in the Supreme Court to restore its ‘tarnished’ image after the Madras High Court held the officials ‘singularly accountable for the second Covid wave’ and even called them ‘murderers’, it has come to light that the polling body actually considered deferring the 5 state Assembly elections in view of the rising pandemic.

According to a report by the PTI, Election Commissioner Rajiv Kumar had considered deferring a few phases of the recently held Assembly polls given the rising number of Covid cases but decided against it since the imposition of President’s Rule could have proven to be “damaging” for the poll body. 

Also Read|’Essential To Hold Judiciary Accountable’: SC On Madras HC’s ‘Murder Charges’ Comment For EC

Sources said Kumar had proposed to file this affidavit in response to observations made by the Madras High Court for the poll panel.

Kumar wrote that such a move would have caused “massive hue and cry and popular discontentment” and exposed the Commission to the accusation of favouring one party over another.

In the draft affidavit, Kumar is learned to have said that they also analysed if merging the last three phases in West Bengal could be done or not and came to a conclusion clubbing of phases was also not possible under the provisions of the Representation of the People Act which states that each election phase is distinct and has to be notified separately.

After the Madras High Cout held EC accountable for the massive surge in Covid cases, Kumar volunteered for punishment on a personal basis and appealed that the accusations on the institution may be taken back.

He said that nearly 11 lakh personnel deployed in recent elections, many of whom were frontline workers facing COVID-19 onslaught, would be demoralised and cannot be “a mute spectator to such downgrading of an institution”.

He is understood to have said that as an election commissioner he cannot escape his individual responsibility and wanted to leave it to the judgement of the court to punish in the manner the court was pleased to so decide.

In his affidavit, Kumar is said to have stated that the court’s oral observations — on the Election Commission’s role in conducting elections during the second Covid wave — had demoralised the EC’s rank and file.

Kumar said that when “murderers”, the description used by the High Court, head or remain part of the ECI, voters in general and contesting candidates and political parties, in particular, cannot trust it to hold free, fair, transparent elections.

When contacted, Chief Election Commissioner (CEC) Sushil Chandra told PTI, “At this time of the coronavirus pandemic, we should all work for the care of those suffering from COVID-19 and this particular issue (of Madras High Court making observations against the EC) has been settled by the honourable Supreme Court and the ground of the Commission has been allowed. It has been upheld that the comments by the Honourable Madras High Court were absolutely inappropriate… the issue has been settled by the SC.”