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WINTER ELECTION MATTER – PIL.
SUMMARY OF PETITION NO – 268/2011.
THINGS TO NOTE !!

01] OUR SOLE OBJECTIVE OF APPROACHING THE COURT - FOR THE MATTER OF EXECUTING ELECTIONS IN COOLER MONTHS,

IS TO ENSURE HIGHER VOTER PARTICIPATION AND PARALLELY REDUCE ELECTION EXPENSES !!

02] THE OBJECTIVE OF HIGHER TURNOUT CAN ONLY BE ACHIEVED - ONLY WHEN THERE IS (100%) PARTICIPATION IN VOTING PROCESS AND IN ABSENCE OF COMPULSARY VOTING IN OUR COUNTRY -

ALL LOGICAL AVENUES TO ENSURE HIGHER VOTING, SHOULD BE SINCERELY EXPLORED !!

03] SIR TO PLEAD OUR MATTER WE WOULD LIKE TO COVER THE FOLLOWING INPUTS - WHICH CLEARLY REFLECT THE ADVANTAGES OF CONDUCTING ELECTIONS IN WINTER MONTHS -

A) AVERAGE ELECTION COSTS COMPARISON.
1952 TO 2004.
1991 TO 2004.

B) AVERAGE VOTING % COMPARISON.
1952 TO 2004.
1991 TO 2004.

**Since the last twenty years can be better related with current times, both total time period since independence and also of last twenty years has been covered.

**1991 i.e the 10th Loksabha election, was the first time that elections were held after 15th March and before 15th November (summer).

C) PROBLEMS WITH ELECTRONIC VOTING MACHINES DURING SUMMERS.
D) SPECIFIC PROBLEMS OF ELECTIONEERING DURING SUMMERS.
E) GENERAL PROBLEMS DURING SUMMERS.
F) CUSTOMISATION OF INDIA AS A NATION FOR WINTER ELECTIONS.

THE ABOVE SIX CATEGORIES
(A TO F) ARE BEING EXPLAINED BY THE UNDER MENTIONED ILLUSTRATIONS -



A) AVERAGE ELECTION COST COMPARISON -

##1952 TO 2004 -


AVERAGE GROSS COST OF SUMMER ELECTION WAS HIGHER BY - **SIX HUNDRED EIGHTY ONE CRORES.

AVERAGE INCREMENTAL % (AVERAGE OF ALL INCREMENTAL PERCENTAGES AS COMPARED TO LAST ELECTIONS) OF ELECTIONS IN SUMMERS WAS HIGHER BY -
**23%.

##1991 TO 2004 -


AVERAGE GROSS COST OF SUMMER ELECTION WAS HIGHER BY - **ONE HUNDRED SEVENTEEN CRORES AND EIGHTY NINE LACS.

AVERAGE INCREMENTAL % (AVERAGE OF ALL INCREMENTAL PERCENTAGES AS COMPARED TO LAST ELECTIONS) OF ELECTIONS IN SUMMERS WAS HIGHER BY –
**58.22%



B) AVERAGE VOTING % COMPARISON -

##1952 TO 2004 -



AVERAGE VOTING DURING WINTERS WAS HIGHER BY -
**(1.90%).

**It is note worthy that two winter elections were conducted during the war years of (1962&1971) when polling was significantly lower.

##1991 TO 2004 -



AVERAGE VOTING DURING WINTERS WAS HIGHER BY -
**(3.84%).

**With a voting population of 71 crores as in 2009 - every one incremental % translates into 70lac+ voters and in all probability by the time next elections are held one incremental % will translate into 80lac+ voters.

3.84% would have translated into nearly 3 crore extra voters, which is more than the total registered voters of some individual states.




C) PROBLEMS WITH ELECTRONIC VOTING MACHINES DURING SUMMERS -



EVM. REQUIRE BATTERY BACKUP TO FUNCTION AND IF BATTERIES ARE NOT CHARGED PROPERLY IT EFFECTS THE NORMAL FUNCTIONING OF THE EVM.S.




EVM.S. FUNCTION BETWEEN ( 0) TO (55) DEGREE CENTIGRADE AND IN THE DAY TIME TEMPERATURE DURING WINTERS ARE ABOVE (25) DEGREES WHEREAS DURING SUMMERS ARE ABOVE (40) DEGREE. HIGHER THE DIFFERENCE FROM THE MINIMUM & MAXIMUM LIMITS, BETTER IT IS NATURALLY FOR THE EVM OR ANY OTHER ELECTRONIC DEVICES FOR THAT MATTER.

IN SUMMERS THE DIFFERENCE FROM MAXIMUM BAND IS 15 DEGREES, WHEREAS IN WINTERS THE DIFFERENCE FROM MINIMUM BAND IS 25 DEGREES.

INDIA IS A POWER DEFICIT NATION AND POWER DEFICIT IS HIGHEST DURING SUMMERS.




D) SPECIFIC PROBLEMS OF ELECTIONEERING DURING SUMMERS -



WHEN COMPARED TO WINTERS ADDITIONAL EXPENSES TOWARDS MAN POWER / MEDICAL / REFRESHMENT / POWER BACKUP / AERATED DRINKS / COLD WATER / AIR CONDITIONING / INSECT REPLANT / FACILITIES FOR POLLING PERSONNEL AS WELL AS VOTERS.

**India is one of the poorest nation’s of the globe and it is criminal to waste monetary resources when it can be best avoided.



THE ELECTION COMMISSION ITSELF ADMITS TO ITS PERSONNEL GETTING TIRED AND EXHAUSTED RESULTING IN QUARRELS.




THERE ARE INSTANCES OF BOTH VOTERS AND POLING OFFICIALS DYING OF HEAT STROKES.



LARGE NUMBER OF GOVT. STAFF DO NOT REPORT FOR POLL DUTY.



EARLIER TWO LANTERNS WERE PROVIDED TO EVERY BOOTH FOR CASES OF EXIGENCIES. HOWEVER THIS CAN NOT BE DONE NOW SINCE THE ELECTION SYMBOL OF “RASHTRIYA JANATA DAL” IS LANTERN ITSELF. THEREFOR AS AN ALTERNATIVE STABLE POWER SUPPLY (THE PROBABILITY OF WHICH IS HIGHER DURING WINTERS) IS ONE OF THE SOLUTIONS.




E) GENERAL PROBLEMS DURING SUMMERS -



INDIA IS A POWER DEFICIT NATION AND POWER DEFICIT IS HIGHEST DURING SUMMERS.



INCIDENCE OF DISEASES ARE REMARKABLY LESS DURING WINTERS SPECIALLY IN A COUNTRY LIKE INDIA WHERE ADHERENCE TO HEALTH AND HYGINE IS REMARKABLY LOW.



HEAT AND HUMIDITY ALSO CONTRIBUTES TO PERSPIRATION AND RESULTED FATIGUE ALONG WITH IRRITATION.

SUMMER HEAT CAUSES DISCOMFORT.



IN MULTIPLE REGIONS OF OUR NATION FETCHING WATER DURING SUMMERS IS AN ACTIVITY OF HIGHER IMPORTANCE, THAN VOTING.

DUE TO GLOBAL WARMING TEMPERATURES ACROSS THE GLOBE ARE RISING AND OUR COUNTRY IS NOT AN EXCEPTION TO THE PHENOMENA.




F) CUSTOMISATION OF INDIA AS A NATION FOR WINTER ELECTION -



THE MAXIMUM TIME GAP BETWEEN TWO SESSIONS OF THE LEGISLATIVE SHOULD NOT BE MORE THAN (6) MONTHS AND FURTHER IN INTEREST OF DEMOCRACY THE ELECTION COMMISSION HAS THE POWER TO ANNOUNCE ELECTIONS BEFORE THE (5) YEAR TENURE OF THE HOUSE EXPIRES.

THEREFORE AN ELECTION SCHEDULED IN APRIL CAN VERY WELL BE HELD IN THE MONTHS OF JANUARY AND FEBRUARY.



SINCE NORMAL TIME SPAN TO CONDUCT ELECTIONS IS (30) DAYS – PERIOD BETWEEN 16TH JANUARY TO 15TH FEBRUARY IS THE BEST PERIOD TO HOLD ELECTIONS BECAUSE IN JANUARY THE PLAINS EXPERIENCE SPRING LIKE WEATHER OF EUROPEAN COUNTRIES AND IN FEBRUARY THE ICE MELTS IN THE HILLY AREAS.

ALTERNATIVELY THE SAME HOLDS GOOD FOR THE PERIOD BETWEEN 16TH NOVEMBER TO 15TH DECEMBER, SINCE IN NOVEMBER THERE IS NO SNOW IN THE HILLS AND IN DECEMBER PLAINS ARE COMFORTABLY COOL.

**Most recent 2009 elections were conducted from -

April 16 to 13 May and hence it can be safely concluded that the Election Commission can always conduct an election spanning 30 days.

**Out of seventy one crores voting population in 2009 only one crore and sixty eight lac / 2.38% were residing in the relatively hilly states of -j&k+uttrakhand+himachal.

1991 WAS THE FIRST TIME WHEN ELECTIONS WERE HELD AFTER MARCH AND BEFORE NOVEMBER – RESULTING IN HIGHER EXPENSES & LOWER VOTING PERCENTAGE.



WITH THE SIZE OF URBAN POPULATION GROWING TO 30% PLUS OF THE TOTAL POPULATION OF THE NATION AND ALSO BECOMING MORE AFFLUENT IT HAS BECOME ADDICTED TO INPUTS LIKE – AIR CONDITIONERS / INVERTORS / POWER BACKUP AND DO NOT FIND IT PLEASANT TO STAND IN LONG QUEUES AT THE PEAK OF SUMMER.



INDIA IS A NATION WITH EQUITORIAL CLIMATE WITH 80% OF LAND AREA COMMANDING 95% OF POPULATION EXPERIENCING BOTH INTENSE HEAT AND RAINS BETWEEN APRIL TO SEPTEMBER.

THE 80% OF THE LAND AREA EXPERIENCES WINTER WHICH IS VERY SIMILAR TO SPRING LIKE WEATHER OF EUROPEAN NATIONS.

**Out of seventy one crores voting population in 2009 only one crore and sixty eight lac / 2.38% were residing in the relatively hilly states of -

J&k+uttrakhand+himachal.

www.eci.nic.in

IN A POPULOUS NATION LIKE INDIA EVEN 2% INCREMENTAL VOTING CAN CONTRIBUTE TO MORE THAN (1.5) CRORE VOTERS.

**WITH A VOTING POPULATION OF

71 CRORES AS IN 2009 - EVERY ONE INCREMENTAL % TRANSLATES INTO 70LAC+ VOTERS AND IN ALL PROBABILITY BY THE TIME NEXT ELECTIONS ARE HELD ONE INCREMENTAL % WILL TRANSLATE INTO 80LAC+ VOTERS.

3.84% WOULD HAVE TRANSLATED INTO NEARLY 3 CRORE EXTRA VOTERS, WHICH IS MORE THAN THE TOTAL REGISTERED VOTERS OF SOME INDIVIDUAL STATES.



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.

THERE IS NO SYSTEM OF COMPULSORY VOTING IN THE COUNTRY.



A RECENT MEDIA REPORT OF TIMES OF INDIA COVERING THE RECENT BENGAL ASSEMBLY ELECTION - HIGHLIGHTS HOW A DROP IN TEMPERATURE BY FIVE DEGREES HAS PLAYED A DECISIVE ROLE IN INCREASING VOTING PERCENTAGE BY FIVE PERCENT.



DURING PRE INDEPENDENCE PERIOD THE CAPITAL OF THE COUNTRY DURING SUMMERS WAS SHIFTED FROM HOT NEW DELHI TO COOLER SHIMLA.



NUMBER OF POLICE PERSONNEL PER LAKH OF INDIAN POPULATION IS LOWEST IN THE WORLD & HENCE OPTIMUM UTILIZATION OF THIS RESOURCE IS REQUIRED. THIS CAN BE ENSURED BY AVOIDING ELECTIONS IN SUMMER (SINCE THEIR EFFICIENCY IS LOWER) AND HENCE DURING WINTER LESSER NUMBERS WILL BE REQUIRED IN COMPARISON TO SUMMER, DUE TO THE FACTOR OF ENHANCED EFFICIENCY.



ARTICLE 38 OF THE CONSTITUTION OF INDIA CASTS A DUTY WHICH IS GUIDE LINE OF FUNDAMENTAL NATURE IN THE GOVERNANCE OF THE COUNTRY. INTERALIA ARTICLE 37 LAYS MUCH EMPHASIS OF THE TERM ‘POLITICAL JUSTICE’. THEREFOR, CONDUCT OF ELECTIONS IN A WEATHER OR CLIMATE WHICH RESTRAINS LARGE CHUNK OF PUBLIC TO EXERCISE THEIR FUNDAMENTAL RIGHT IS AGAINST THE CANNONS OF JUSTICE AND BREACH OF FUNDAMENTAL RIGHT OF SPEECH AND EXPRESSION.


THE FOLLOWING ARE NOTE WORTHY -

ELECTION COMMISSION HAS EXTENDED US DATA TILL (2004) AND HENCE WE ARE UNABLE TO QUOTE (2009) FIGURES FROM ELECTION COMMISSION WEB SITE.

THE PERIOD BETWEEN MID MARCH TO MID NOVEMBER HAS BEEN CONSIDERED AS SUMMER IN OUR PETITION.

THERE MIGHT BE EXCEPTIONAL INSTANCES WHICH ARE CONTRARY TO OUR CLAIMS BUT SINCE EXCEPTIONS ARE NOT GENERIC - HENCE ARE BEST AVOIDED !!

RTI. QUERIES & ANSWERS ARE MENTIONED IN. HOWEVER FOR SOME ANSWERS – LINKS OF WEB SITE WERE EXTENDED AND DATA HAS BEEN DOWNLOADED FROM THERE.

REPRESENTATIONS WITH CONTENTS SIMILAR TO THE PETITION WERE MADE TO THE HOME MINISTRY AND ELECTION COMMISSION ON 25/06/10 VIDE E.MAIL AND BY REGISTERED POST TO PMO. AND ELECTION COMMISSION ON 29/06/10. BUT NO REPLY WAS RECEIVED.