EC firm against proposed power

Despite widespread criticism, the Election Commission (EC) remains firm on scrapping its proposed authority to cancel one's candidature in parliamentary polls for violation of electoral laws.
Defending its decision once again, the commission last night explained that it was not possible to cancel one's candidature using the provision of article 91E of the Representation of the People Order (RPO).
"The provision is practically inapplicable," the EC said in its explanation, adding that the provision was incorporated in 2008 but there was no instance of its application until now.
Dropping of the article 91E does not take away the commission's power to cancel one's candidature, the explanation said, adding that the same power is also provided in article 91A of the same act.
The EC on July 25 sent a set of proposal to the law ministry for bringing changes in the RPO. In a surprise move, the commission on July 28 took the decision to scrap the article 91E.
As per the provision of article 91E, fresh election will be held if only one candidate remains in the electoral race in a constituency after the EC cancels candidatures of others for violating electoral laws.
However, article 19 of the RPO said if there was only one candidate remaining in the polls in a constituency, he or she would be declared elected uncontested.
"Because of the self-contradictory provision in article 91E, it was being considered whether the article should be dropped from the RPO," the explanation said.
"The EC does not make laws, it is the sole purview of Parliament to do so.
"At the end, the commission's original proposal may be passed as it is or may be modified or may be rejected -- all depend on Parliament, the law making authority of the State," the explanation said.