Complainant has right to know about dissent in EC decisions: Former CECs
New Delhi: A dissent given by an election commissioner has to be noted in files and the complainant has a right to know whether the order passed by the Election Commission was unanimous, two former chief election commissioners said Sunday.
Amid the controversy surrounding dissent by one of the election commissioners in giving clean chit to Prime Minister Narendra Modi in at least three cases and one to BJP chief Amit Shah, the two said every dissent needs to be out on record.
"Whether a violation of the mode of conduct is found or not, the decision is usually communicated to the complainant by a secretary. But the communication should be clear that the decision was taken unanimously or by a majority," said one of the former CECs.
He said the dissent note need not be sent along the communication, but the complainant has a right to know who dissented. "Like in the case of Supreme Court, the dissent should be uploaded on EC website," the other CEC said.
He said dissent is part of internal deliberations and is part of a democratic system.
"Had they decided on the complaints when they were received, the present situation would not have arisen," said one of them.
One of the election commissioners, according to sources, gave a dissenting view in the poll body's decision to give a clean chit to Modi as regards his speech at Wardha on April 1, where he attacked Congress chief Rahul Gandhi for contesting from the minority-dominated Wayanad seat in Kerala, and his appeal to first-time voters by invoking the Balakot airstrike and the CRPF jawans killed in the Pulwama terror attack in Latur on April 9.
He had also reportedly given dissent in the clean chit to Shah for his Nagpur speech in which the BJP chief had reportedly said Wayand constituency of Kerala is where majority is minority.
The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 states that if the chief election commissioner and other election commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.
The Commission transacts its business by holding regular meetings and also by circulation of papers. All election commissioners have equal say in the decision making of the poll panel.
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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
