Election Commission of India URL www eci gov

Election Commission of India URL : www. eci. gov. in Sachin kalantre Deputy Collector & Registrar , YASHADA

Electoral Administration - Framework Election Commission of India – The Indian Constitution provides for its creation. n Appointment of CEC and ECs n Right to vote to all above 18 years of age n Bicameral Composition of Parliament n Composition of State Legislatures n Delimitation of constituencies after each census n Duration of each House n Thursday, March 4, 2021 Sachin Kalantre 2

Election Commission of India – Constitutional Provision Article 324 (1) - The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in the Election Commission.

A Multi-Member Commission – Constitutional Position Article 324 (2) – The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. Article 324 (3) – When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.

Election Commission of India Election Laws v Manual of Election Law v The Representation of Peoples Act. 1951 v The Registration of Electoral Rules , 1960 v The Conduct of Election Rules , 1960 v The Delimitation Act , 2002 v The Election Symbols ( Reservation and allotment ) order, 1968

Election Commission of India - Election Laws Handbooks v v v v Training Module Handbook for Booth Level Officers Handbook for Returning Officers (Updated 2014) Handbook for Counting Agents (Updated 2014) Handbook for Polling Agents(Updated 2014) Handbook for Returning Officers (For Council Elections) Handbook for Presiding Officers (Updated 2014) Handbook for Candidates (Updated 2009) Handbook for Electoral Registration Officers (Updated 2012) The Presidential and Vice-Presidential Elections Act, 1952 Political Party And Election Symbol Handbook for Media 2014 Handbook for Observers 2014

A Multi-Member Commission From Jan 1950 to mid Oct 1989 – A single Member Commission headed by a Chief Election Commissioner. (Argument put forward was that decisions need to be taken expeditiously when election process is on. And, a single member Commission would be more suited for it) n From Oct 16, 1989 till Dec 1989 – It was a Three Member Commission. n From Jan 1990 to Sep 1993 – A Single Member Commission. n From Oct 1993 till today – A Three Member Commission. (The Chief Election Commissioner and Two Election Commissioners) n Thursday, March 4, 2021 Sachin Kalantre 7

Commission’s Secretariat Deputy Election Commissioners – 03 n Directors(Admn. And IT) – 01 n Secretaries (Zonals and Specifics)– 10 n Under Secretaries – 12 n Jt Director + OSD (IT) – 02 n Assistant Director (Stats. ) – 02 n Section Officers – 33 n Assistants & others – 275 n Thursday, March 4, 2021 Sachin Kalantre 8

Election Machinery in States Chief Electoral Officers – 35 n District Election Officers – 601 n Returning Officers (Parliament) – 543 n Returning Officers (Assembly) – 4120 n Asstt. Returning Officers (Parliament) – 4600 n Asstt. Returning Officers (Assembly) – 10, 000 n Electoral Registration Officers – 4120 n Asstt. Electoral Registration Officers - 4800 n Thursday, March 4, 2021 Sachin Kalantre 9

Right to Vote n n Any citizen over 18 can vote Voting right denied to certain class of people: – – criminal convicts of certain class person convicted of electoral offence person of unsound mind There is no compulsion to vote q NOTA Thursday, March 4, 2021 Sachin Kalantre 10

Scale of Operation n n n n Recognized National Parties – 06 Recognized State Parties – 45 Registered Unrecognized Parties – 702 Polling Stations – 687, 000 Electorate – Nearly 671 million Turn out – Nearly 389 million Staff deployed on Poll Day (Presiding Officers, Polling Officers and helpers) – Nearly 4 million Security personnel deployed – Nearly 2. 5 million Approximate direct cost – INR 13000 million (USD 280 million) Thursday, March 4, 2021 Sachin Kalantre 11

Transaction of Business Regular meetings n Circulation of papers n Consultation and informal discussions n All Election Commissioners have equal say n Delegation of some executive functions to officers n Thursday, March 4, 2021 Sachin Kalantre 12

Budget and Expenditure n n n n Voted budget Independent Budget finalised in consultation with Finance Ministry Funds for Conduct of elections reflected in the budget of States/UTs Only Parliament election - Funded entirely by Centre Only Assembly election - Funded by the State Simultaneous election - Expenses shared equally Expenditure on capital equipment shared equally Expenditure on electoral rolls, PICs also shared equally Thursday, March 4, 2021 Sachin Kalantre 13

When Elections take place? n n n Term of Parliament & Assembly - 5 years (except J & K Assembly where it is 6 years) House can be dissolved before its term ends Dates decided by the Commission. No consultation done with any Government Commission call for elections six months prior to the date on which normal tenure of Assembly or Parliament expires. 14 General elections since 1952. Bye-elections when a seat falls vacant. Normally held within 6 months of vacancy. No Bye-elections if vacancy for less than one year Thursday, March 4, 2021 Sachin Kalantre 14

Scheduling of Elections n n n No more than 6 -month gap between last session of Parliament/Assembly and recalling of new House Elections to fall within this period Number of considerations in scheduling: – – – – Weather Law & order Movement of Central police forces Agricultural cycles Festivals Exam schedules Public holidays Logistical requirements Thursday, March 4, 2021 Sachin Kalantre 15

Who can Contest? n n n n Any citizen over 25 years for Lok Sabha & Vidhan Sabha Any citizen over 30 years for Rajya sabha & Vidhan Parishad For Lok Sabha & Rajya Sabha candidate- registered voter in any state For Vidhan Sabha & Vidhan Parishad- registered voter only in that state Candidate should not be convicted or disqualified otherwise Security deposit: – Rs. 25, 000/ for Lok Sabha & SC /ST candidates – Rs. 12000 – Rs. 10000/- for Rajya Sabha, Vidhan Sabha & Vidhan Parishad and SC & ST candidates - Rs. 5000 – Deposit returned if candidate secures more than 1/6 th of valid votes Nominations need to be proposed by electors: – one for candidate of national/state party – ten for others Thursday, March 4, 2021 Sachin Kalantre 16

The Contestants n n n n 7 days for filing nominations Scrutiny a day following the last date for nominations Thereafter 2 days provided for withdrawal Final list prepared after withdrawal 4370 candidates for 543 seats in 1999, 5435 in 2004 (2386 independents) Average number of contestants: – 1952 -- 3. 8 – 1991 -- 16. 3 – 1996 -- 25. 6 – 1998 -- 8. 75 – 1999 -- 8. 05 – 2004 -- 10. 01 Size of deposit increased in 1996 Number of electors nominating a candidate increased Thursday, March 4, 2021 Sachin Kalantre 17

Time and mode of election campaigns Campaign period of about 13 days or more n Ends 48 hours before polling closes n Parties issue manifestoes n Slogans, Door-to-door campaigning etc. n Posters, meetings, processions etc. n Thursday, March 4, 2021 Sachin Kalantre 18

Model Code of Conduct Part III n Part IV n Part VII n n n Thursday, March 4, 2021 Minimum standards of behaviour Public meetings Processions by political parties Conduct of political parties Conduct on poll day Handling of complaints Parties in Power Sachin Kalantre 19

Checks on Party in Power No official tour with campaigning n Bar on use of official vehicle/aircraft n Equal opportunity for use of public places for meetings, stay etc n No ads on public expense n No announcement or promise of new schemes n No new financial sanctions n No fresh appointments n Thursday, March 4, 2021 Sachin Kalantre 20

Voter Education - I By EC n Fund provided to CEOs to give Newspaper inserts, radio jingles, television spots, Banners, posters and produce literature n In rural areas – drum beating, chaupal (village assemblies) etc n Electoral Rolls displayed and read in local bodies like Gram Sabhas and Resident’s Welfare Associations etc. n To enable voters to make an informed choice - All candidates are required to declare their criminal past, educational qualifications, assets and liabilities etc. - Affidavits filed displayed publicly and also put on the EC website. n Efforts on to make information on poll expenses public. Thursday, March 4, 2021 Sachin Kalantre 21

Voter Education - II By NGOs n n n NGOs are encouraged to educate voters A number of Election Watch Groups played a positive roll in 2004 elections One industry gr. also helped in putting up helplines and kiosks By Political parties and candidates n They are the real stake holders and hence play crucial role in voter education n Advertisements, person to person contacts, meetings, posters are the modes By Media n Media mature - plays a crucial role Thursday, March 4, 2021 Sachin Kalantre 22

Women Participation Women seats n No specific law for reservation of seats as yet n Political parties expected to put up women candidates in reasonable numbers Facilities on the polling stations n Separate Q for women voters n At least one lady officer posted in every polling station n Lady officer alone can see and verify “pardhanasheen” ladies ( Ladies wearing veils) Thursday, March 4, 2021 Sachin Kalantre 23

Limits on Poll Expenses - I Limits on candidates n n n Lok Sabha - Maximum Rs. 40 lakhs Vidhan Sabha- Max. – Rs. 16 lakhs Commission monitors expenses closely – Expenditure Observers – Detailed accounts furnished by candidates within 30 days of declaration of election results Limits on politicasl parties Political parties and supporters till recently could spend as much as they wanted in the campaign in addition Political parties will file their annual income statements before the Commission Thursday, March 4, 2021 Sachin Kalantre 24

Limits on Poll Expenses-II Expenses that are exempted n No expenses except the travel expenses on upto 40 national leaders of a recognised party and 20 of registered/unrecognised parties are exempted n Expenses made by well wishers, friends and relatives of the candidates are now added to the candidate’s expenditure n Expenses incurred by the parties to publicise its policies and programmes are not included in the candidate’s expenditure Thursday, March 4, 2021 Sachin Kalantre 25

Electronic Media n n n n Arrangement between Prasar Bharti and Election Commission Free time on AIR and Doordarshan to National and State parties Political parties can reach out to every corner Ensures level playing field 63 hours given during GE 1999, -- hours during GE 2004 Indirect State funding Now being extended to the Private Channels Thursday, March 4, 2021 Sachin Kalantre 26

Preparation for Elections - Mobilisation of the Staff Drawn from various Central and State Government departments - no private individual associated ( sec 159) n Staff on deputation with the Commission n Staff subject to Commission’ disciplinary control n Staff mobilized & deployed by the CEO under Commission’s instruction n Thursday, March 4, 2021 Sachin Kalantre 27

Preparation for Elections - Deployment and Training of Staff n n n Staff of various districts and states can be mixed to ensure fairness Staff given nominal honorarium Deployment of Government employees keeps expenditure under check, enhances control Training – of ROs, EROs & Observers by the EC, of DEOs, Dy DEOs, ROs & EROs by the CEOs and of the Polling staff by the DEOs Tainted and known to be aligned not associated Commission takes prompt action on complaints against staff deployed Thursday, March 4, 2021 Sachin Kalantre 28

Preparation for Elections - Procurement of Materials Procurement of EVMs by the Commission n Other materials by the CEOs and DEOs n Standard procurement procedures followed n Specifications of materials decided by the Commission in case of non standard items n Advance planning by the Commission, CEOs and DEOs for procurement at their levels n Thursday, March 4, 2021 Sachin Kalantre 29

Preparation for Elections - Relationship with stakeholders n n Commission hears complaints & concerns of all political parties All political parties given similar treatment CEOs and DEOs call meetings of Political Parties for electoral rolls, enforcement of code of conduct, for deciding polling stations & counting centres Any individual or NGO can offer suggestions or can file complaints with the EC, CEOs & DEOs Thursday, March 4, 2021 Sachin Kalantre 30

Preparation for Elections - Security Arrangements n n n Assessment for Central Force’s requirement is made keeping in mind the Law and Order situation State police and central paramilitary forces deployed based on requirements No police organ having any affiliation to the ruling party deployed Confidence building measures taken Situations watched regularly - special directions given, if needed Thursday, March 4, 2021 Sachin Kalantre 31

Observers n n n n Appointed from senior civil servants General Observers drawn from IAS Expenditure Observers drawn from IRS Statutory role for Observers Report directly to Commission Eyes and ears of the Commission in the Constituencies Nearly 2000 observers appointed in GE 2004 All counting centers covered Thursday, March 4, 2021 Sachin Kalantre 32

Electoral Reforms n n n n n Criminalisation of politics Number of seats a person can contest Ext Polls and Opinion Polls Surrogate Advertisements on Print Media Political Ads on TV and Cable network Party Accounts and its Audit Government sponsored Advertisements Negative/Neutral Voting Decisions on Anti-defection cases Thursday, March 4, 2021 Sachin Kalantre 33

Other New Initiatives n n n n Use of Electronic Voting Machines Free time on state owned Electronic media for political parties - a step towards state funding of elections Check on criminalization of politics Computer networking and use of Information Technology Computerization of Electoral rolls Photo I-Cards (EPIC) Electoral rolls with photograph E-registration of electors Publishing national voter register on the EC website with a credible search mechanism Use of the GIS in electoral management Simplifying maintenance of accounts by candidates Simplifying filing of accounts Streamlining procedure for registration Model Code of Conduct Thursday, March 4, 2021 Sachin Kalantre 34

Other New Initiatives n n n Sveep (Systematic Voters' Education and Electoral Participation) MCMC (Media Certification & Monitoring Committee) Paid News Election Expenditure Monitoring Vulnerability Mapping District Election Management Plan Micro Observer Videography NOTA NRI Voting R- voting Thursday, March 4, 2021 Sachin Kalantre 35

State Election Commission, Maharashtra mahasec. maharashtra. gov. in Thursday, March 4, 2021 Sachin Kalantre 36

State Election Commission , Maharashtra v The 73 rd and 74 th Amendment to the Constitution of India has given legal sanctity to the Panchayat Raj System. v This amendment provide for the establishment of the State Election Commission for conduct of elections to the urban and rural local selfgovernment. v This consist of Municipal Corporations, Municipal Councils, Nagar Panchayats in urban areas and Zilla Parishads, Panchayat Samitis, Village Panchayats in rural areas. v This amendment made provision of Article 243 -K and 243 -ZA wherein State Election Commission were established. v The main objective for 73 rd and 74 th amendment and making this provision was to create independent status of State Election Commission so that elections are conducted in free and fair, without other intervention. v State Election Commission, Maharashtra was established on 26 th April 1994 as per the provisions of Article 243 -K and 243 -ZA 37 of the Thursday, March 4, 2021 Sachin Kalantre Constitution of India

ELECTION MACHINERY v. State Election Commissioner v. District Collector v. Deputy Collector v. Sub Divisional officer v. Tahsildar v Naib Tahsildar / Awal Karkun Thursday, March 4, 2021 Sachin Kalantre 38

Election Authority Municipal Corporations Deputy Collector Municipal Councils & Nagar Panchayats Deputy Collector Zilla Parishads & Panchayat Samitis Deputy Collector / Tahsildar Grampanchayats Tahsildar / Naib Tahsildar / AK Thursday, March 4, 2021 Sachin Kalantre 39

Local Bodies in State v Municipal Corporations -26 v Municipal Councils – 230 v Nagar Panchayats – 104 v Zilla Parishads-34 v Panchayat Samitis – 351 v Grampanchayats- 27709 Thursday, March 4, 2021 Sachin Kalantre 40

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Election Laws Sr. No Local Body Election Law 1 Municipal Corporation ( Greater Bombay ) Bombay Provincial Corporation Act , 1888 2 Other Municipal Corporation Maharashtra Provincial Municipal Corporation Act , 1949 and rules 3 Municipal Councils & Nagarpanchayats Maharashtra Municipal Councils , Ngarpanchyats & Industrial Township Act 1965 and Rules 1966 4 ZP & Panchayat Samiti Maharashtra Zilla Parishad & Panchyat Samiti Act , 1961 5 Grampanchayat Maharashtra Grampanchayat Act , 1958 Thursday, March 4, 2021 Sachin Kalantre 42

FAQs Guidelines for Municipal Corporation Elections Guidelines for Municipal Council & Nagarpanchyat and Industrial Township Elections Guidelines for Zilla Parishad & Panchayat Samiti Elections Guidelines for Grampanchayat Elections Thursday, March 4, 2021 Sachin Kalantre 43

COOPERATIVE SOCIETIES ELECTIONs

SCENARIO BEFORE 97 TH CONSTITUTIONAL AMENDMENT • Cooperative societies in a state – state subject ( entry 32 of state list VII schedule ) - MCS Act 1960 • Cooperative societies working in more than one state – central subject ( entry 44 of union list ) Multi State Cooperative Societies Act 1984/2002 • Need for uniformity in cooperative legislation particularly in respect of aspects crucial for autonomous and democratic functioning of cooperatives

97 TH CONSTITUTIONAL AMENDMENT Objective : “To enhance public faith in cooperatives and insulate them from avoidable political or bureaucratic interferences ” 97 th Constitutional Amendment Act 2011 w. e. f. 12 January 2012

After 97 th Constitutional Amendment PART III -ARTICLE 19 IN THE CONSTITUTION OF INDIA (FUNDAMENTAL RIGHT) 19. Protection of certain rights regarding freedom of speech etc (1) All citizens shall have the right (c) to form associations or unions; or co-operative societies Part IV -Article 43 B ( newly inserted) in The Constitution Of India 1949 The State shall endeavor to promote voluntary formation, autonomous functioning , democratic control and professional management of the co op soc.

After 97 th Constitutional Amendment Main Implications • The state is empowered to make provisions for incorporation, regulation and winding up of cooperatives that are voluntary with democratic member control and economic participation and are autonomous • The max. no of Directors shall not exceed 21 • SC/ST -1 seat and Women -2 seats • Tenure of Board – 5 years • GB – within 6 months of closing of financial year • Returns to be filed – within 6 months of closing of financial year • Right of information to the members

BEFORE 97 AMENDMENT ELECTION PROCEDURES • Specified Societies-Section 73 G • Notified Collector Societies -Section 73 IC- DDR • Other type of Societies- Societies themself

Scenario Before New Election Rules Sec 73 G Sec 73 IC Multi State Coop soc. 3/4/2021 • Specified Societies • Apex Societies • All DCC • District and Taluka Sale and Purchase Societies • Co op sugar factories • Co op spinning mills • APMC • Any other • Maharashtra Specified Co-operative Societies Elections to Committees Rules , 1971 and sec 144 A to sec 144 Y • Election to notified societies • As per Bye laws and act provisions • Elections conducted as per Multi- State Co-op Societies Act 2002 Sachin Kalantre 50

MAHARASHTRA CO-OPERATIVE SOCIETIES ELECTION RULES, 2014 (11 SEPTEMBER 2014)

NEW ELECTION PROCEDURES State Co-operative Election Authority • Type A societies- State Co-operative Election Authority • Type B societies - Deputy Registrar & District Co-operative Election Officer • Type C societies - Taluka Dy. /Asstt. Registrar & Asstt. District Co-operative Election Officer • Type D societies - by authorized officer (SCEA) in Special General Body

Thanks Thursday, March 4, 2021 Sachin Kalantre 53