Justice A.P. Shah terms 'One Nation, One Election' unconstitutional
New Delhi: Former Delhi High Court Chief Justice A.P. Shah has told a Joint Parliamentary Committee (JPC) that the proposed 'One Nation, One Election' (ONOE) Bill is unconstitutional and violates democratic principles and the federal structure, sources said.
Justice Shah, who is also a former chairman of the Law Commission, submitted a 12-page report while deposing before the JPC on Monday (March 18), The New Indian Express reported. He raised concerns over the bill, particularly regarding the power it grants to the Election Commission to recommend postponing state assembly elections.
Assembly elections must be held for full term: Justice Shah
Justice Shah stated that assembly elections should be held for a full five-year term and expressed skepticism over the claim that simultaneous elections would significantly reduce public expenditure. When asked about alternatives to the bill, he said he would present his views to the committee at a later stage.
Harish Salve defends the bill
Senior advocate Harish Salve also appeared before the JPC and supported the bill, arguing that it aligns with constitutional requirements.
ONOE bills introduced amid opposition resistance
Despite strong opposition citing threats to federalism and the basic structure doctrine, the bills facilitating 'One Nation, One Election' were introduced in the Lok Sabha in December 2023.
Union Law Minister Arjun Ram Meghwal introduced the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024 after a division vote. The introduction was approved with 269 votes in favour and 198 against.
The bills were subsequently referred to a JPC for further examination.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
