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OBVIOUSLY ASKED QUESTIONS
WINTER ELECTION MATTER (268 OF 2011) !!

Q – 1] IN SOME STATE ELECTIONS EVEN 75 % VOTING HAS BEEN DONE DURING SUMMERS ??

ANS – 1] THE OBJECTIVE OF HIGHER TURNOUT CAN ONLY BE ACHIEVED WHEN THERE IS 100% VOTING AND TILL THE TIME THE SAME IS NOT ACHIEVED ALL AVENUES TO INCREASE VOTERS PARTICIPATION SHOULD BE EXPLORED.
THERE CAN BE MULTIPLE INSTANCES OF EXCEPTIONAL TRENDS BUT WE NEED TO LOOK AT THE NATION AS A WHOLE.
EXCEPTIONS ARE NOT GENERIC AND ARE GENERALLY ATTRIBUTED TO SPECIALLIZED CONDITIONS WHICH ARE AGAIN BEST AVOIDED WHILE EVALUATING TRENDS.



Q – 2] THE VOTING TREND IS NOT VERY CLEARLY UNDERSTOOD ??

ANS – 2] IT IS NOTE WORTHY THAT IN THE LAST (5) ELECTIONS HELD BETWEEN 1991 TO 2004, (4) ELECTIONS WERE HELD IN SUMMER AND (1) DURING WINTER.
THE PERCENTAGE INCREASED DURING WINTER AS COMPARED TO THE (4) SUMMER ELECTIONS VARIED BETWEEN 2% AT THE MINIMUM TO 5% AT THE MAXIMUM. .



Q – 3] THE EXPENSES TREND IS NOT VERY CLEARLY UNDERSTOOD ??

ANS – 3] IT IS NOTE WORTHY THAT IN THE LAST (5) ELECTIONS HELD BETWEEN 1991 TO 2004, EXPENSES HAVE INCREASED BETWEEN 30% TO 130%

EXCEPT IN 1998 WHICH WAS A WINTER ELECTION AND THE INCREMENTAL COST WAS ONLY 11%.

THE 1ST ELECTION OF 1952 CAN NOT BE CONSIDERED SINCE IT WAS THE 1ST ELECTION AND HENCE COULD NOT BE COMPARED TO ANY PREVIOUS ONE.



Q – 4] HOW DID YOU DERIVE THE AVERAGE ??

ANS – 4] WE ADDED THE FIGURES OF WINTERS AND SUMMERS SEPARATELY AND FURTHER DIVIDED THE GROSS BY THE NUMBER OF TIMES, THE ELECTIONS BEING HELD IN EITHER IN WINTER OR SUMMER.



Q – 5] IF THE TENURE OF THE HOUSE WERE TO END IN JUNE, THEN HOW WINTER ELECTIONS CAN BE HELD ??

ANS – 5] AS PER THE CONSTITUTION SINCE THE GAP BETWEEN TWO SESSIONS OF THE PARLIAMENT OR ASSEMBLY SHOULD NOT BE MORE THAN (6) MONTHS, IT WILL BE DIFFICULT TO HOLD A ELECTION IN OUR SUGGESTED PERIOD OF JANUARY AND FEBRUARY, OF THE FOLLOWING YEAR.

HENCE THE PROVISION OF EARLIER ELECTIONS CAN BE USED AND IN INTEREST OF THE DEMOCRACY, ELCTIONS CAN BE HELD IN JANUARY AND FEBRUARY OF THE SAME YEAR, IN WHICH ELECTIONS ARE DUE.

THE CONSTITUTION OF INDIA UNDER ARTICLE 324 STATES THAT THE SUPERINTENDENCE, DIRECTION AND CONTROL OF THE ELECTIONS SHALL BE VESTED IN THE ELECTION COMMISSION. ARTICLE 85 OF THE CONSTITUTION OF INDIA STATES THERE SHOULD NOT BE A GAP OF MORE THAN 6 MONTHS SINCE THE LAST SESSION OF THE HOUSE AND THE NEXT, MEANING THEREBY, THAT IF THE GOVERNMENT’S TERM EXPIRES OR THE GOVERNMENT LOOSES MAJORITY IN THE HOUSE, THE PRESIDENT MAY DISSOLVE THE HOUSE AND FRESH

ELECTIONS SHOULD BE HELD AS SOON AS POSSIBLE. SECTION 14 OF THE REPRESENTATION OF PEOPLE ACT 1951STATES THAT A GENERAL ELECTION SHALL BE NOTIFIED TO BE HELD FOR THE PURPOSE OF CONSTITUTING A NEW HOUSE OF THE PEOPLE ON THE EXPIRATION OF THE DURATION OF THE EXISTING HOUSE OR ON ITS DISSOLUTION. SUCH NOTIFICATION CAN NOT BE ISSUED AT ANY TIME EARLIER THAN 6 MONTHS PRIOR TO THE DATE ON WHICH THE DURATION OF THAT HOUSE WOULD EXPIRE UNDER PROVISIONS OF CLAUSE (2) OF ARTICLE 83 OF THE CONSTITUTION OF INDIA. THERE HOWEVER IS NO TIME FRAME GIVEN IN WHICH THE ELECTIONS SHOULD BE HELD. THE ELECTION COMMISSION OF INDIA, THUS HAS TO ANNOUNCE THE DATES FOR HOLDING OF ELECTIONS. THE ONLY CARE WHICH HAS TO BE TAKEN IS THAT THERE SHOULD NOT BE GAP OF MORE THAN 6 MONTHS BETWEEN 2 SESSIONS OF THE HOUSE.



Q – 6] CUSTOMIZING TIME TABLE WILL CREATE LOT OF CONFUSION ??

ANS – 6] FOR CUSTOMIZING TIME TABLE TOWARDS ENSURING ELECTIONS IN WINTER, ADJUSTMENTS WILL BE REQUIRED ONLY ONE TIME AND THERE AFTER THE NEXT SCHEDULE WILL ANYWAYS WILL BE IN WINTERS.
IN A POPULOUS NATION LIKE INDIA EVEN 2% INCREMENTAL VOTING CAN CONTRIBUTE TO MORE (1.5) CRORE VOTERS.



Q – 7] WHY ARE YOU FOCUSING MORE ON LAST (5) ELECTIONS I.E. FROM 1991 TO 2004 ??

ANS – 7] SINCE THE LAST TWO DECADES ARE MORE IN TUNE WITH THE CURRENT TIMES IN THE POST LIBERIZATION ERA AND EVENTS OF THIS PERIOD CAN BE BETTER RELATED TO CURRENT TIMES.



Q -8] YOU MEAN TO SAY THAT BY HOLDING ELECTIONS IN COOLER MONTHS ALL PROBLEM WILL BE SOLVED IN RELATION TO VOTING PERCENTAGE ??

ANS – 8] THE PURPOSE OF OUR PETITION IS TO BETTER THE CURRENT PERCENTAGE OF VOTING AND ALSO REDUCE ELECTION EXPENSES.
THERE ARE OTHER FACTORS WHICH INFLUENCE VOTING PATTERNS, BUT THEY ARE LOCALIZED IN NATURE.
THE FACTOR OF CLIMATE IS UNIVERSAL.



Q –9] WHAT ARE YOUR PRAYERS ??

ANS – 9] A) DIRECT THE ELECTION COMMISSION OF INDIA AS ALSO THE CENTRAL GOVERNMENT TO INSTITUTE A COMMITTEE TO STUDY THE IMPACT OF SUMMER ELECTIONS VIS-À-VIS LOWER ELECTORS TURNOUTS AS ALSO THE CONSEQUENTIAL RISE IN EXPENSES FOR HOLDING ELECTIONS IN SUMMER MONTHS WHEN COMPARED TO COOLER MONTHS.

B) APPOINT A COMMISSION TO STUDY THE COST IMPACT OF ANY ELECTION IF THE SAME WAS HELD IN SUMMER AND WINTER OF THE SAME CALENDAR YEAR.

C) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE ELECTION COMMISSION OF INDIA TO HOLD ELECTIONS IN THE COOLER MONTHS OF JANUARY AND FEBRUARY.

D) PRESS ANY OTHER WRIT/ORDER/DIRECTION THAT THIS COURT MAY DEEM FIT AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE.



Q – 10] WHY YOU DID NOT ASK THE ELECTION COMMISSION, ON THEIR VIEWS, TOWARDS HOLDING ELECTIONS IN EITHER SUMMERS OR WINTERS ??

ANS – 10] AS PER RTI. ACT, ANY QUERY WHICH IS IN NATURE OF A GENERAL QUERY - ASKING FOR VIEWS AND NOT FACTS AND FIGURES, NEED NOT BE REPLIED TO.