Author: Vinay Krishna Rastogi
Publication: The Free Press Journal
Date: August 28, 2002
Interview of Ram Krishna Trivedi,
former Chief Election Commissioner of India
Ram Krishna Trivedi, former Chief
Election Commissioner of India says that sentiments overpowered the decision
of the present CEC J.M. Lyngdoh and his two other colleagues in taking
a decision to postpone the Gujarat polls till December.
R.K. Trivedi is a retired IAS officer.
He held the coveted post of the Chief Election Commissioner of India 20
years ago from 1982 to 1986. From 1986 to 1991 he was the Governor of Gujarat
and later settled in his native city of Lucknow. J. M. Lyngdoh has
worked under him as a trainee IAS Officer.
Trivedi spoke to our correspondent
Vinay Krishna Rastogi on the burning and controversial issue.
Q.: Do you think that the decision
of J. M. Lyngdoh and his two colleagues in postponing the Gujarat polls
till December was guided by sentimental reasons?
A: Yes, they were guided by sentimental
reasons. In the first place let me make it clear that I don't agree
with those who are alleging that he took a sentimental decision because
he is Christian and is espousing the cause of another Christian- Sonia
Gandhi. Similarly he should have avoided calling Modi a political
menial. One should not take an important public debate to such low
levels.
I do not also question the bonafide
of the intention of the Chief Election Commissioner and his two colleagues.
I personally know J. M. Lyngdoh. He has served under me as a trainee
IAS officer. But I disagree with their judgement because it suffers
from legal and rational infirmities.
Q.: Why do you disagree with the
judgement of the CEC?
A: Gujarat has a population of
4.75 crore including more than 2.5 crore voters. It is sad that
15,000 people suffered due to riots. They are living in refugee camps.
The Election Commission of India became sentimental after hearing their
woes while visiting these camps and took a generalised decision.
Q.: What is the rationale of holding
elections when 15,000 people are living in fear in refugee camps?
A: Because 15,000 people are living
in refugee camps how can you deprive the entire state of 2.56 crore electorate
from their democratic right to elect their representatives. Gujarat
is at present incident free while in Jammu and Kashmir incidents are taking
place. In J & K people are living in refugee camps since last many
years. This means that if the refugees of Gujarat live in camps, say for
five years you will not hold elections for five years. If election
can be held in J & K why can't they be held in Gujarat?
Lyngdoh has said that Muslims in
Gujarat are suffering from a fear psyche. But the incidents of violence
in Gujarat has also instilled fear in Muslims all over the country.
If that logic is accepted then you don't hold elections throughout the
country.
Q.: Do you mean to say that bad
law and order situation should not be made basis of not holding election
?
A: The duty of the EC is hold polls
and not to conduct relief and rehabilitation work. If only law and
order is made the basis then elections can never be held in J&K, Bihar,
Assam, Tripura, Nagaland which face almost perennial law and order problem.
The duty of the Election Commission is hold the elections and not
to defer or postpone them.
Gujarat at present is generally
speaking incident free. What is the guarantee that after December
those who do not want polls shall not create trouble to get them postponed
again and again? The Election Commission must ask all help to conduct
polls peacefully and in an orderly manner. During elections all DM Returning
Officers are at the its command. In fact once the election process starts
a state's administrative machinery comes under EC's command. It can
countermand elections where there is booth capturing or where people are
not allowed to cast votes. This happens everywhere in India.
But it can't postpone polls indefinitely only on the ground of law and
order situation. I held polls in Assam when it was facing violence
and law and order situation was bad.
Q.: But how will the refugees cast
vote in a free and fair manner>
A: The EC should demand all possible
help to enable the refugees to cast their votes. Electronic machines
should be provided in refugee camps. Those being threatened from
casting votes should be provided full security.
Q.: What do you hope will the solution
be to end the controversy?
A: The Supreme Court has to make
a decision. I have only expressed my own view. The Election
Commission of India has itself accepted that the period of six months between
two sessions of assembly should not be increased.
The last session of the Gujarat
assembly concluded on April 6, and the next session should therefore be
held by October 6.
Q.: Many including the EC hold the
view that Gujarat should be placed under President's rule.
A: First of all let me make it
clear that even the President of India can't impose President's rule on
its own. It has to be approved by the Cabinet which in this case
is unlikely to take such a step. Secondly, President's rule can get
legal sanction only if it is approved by Lok Sabha., What happens
if the Lok Sabha does not approve it?
Q.: By what date should the elections
in Gujarat held in your opinion ?
A: I agree with the view of KPS
Gill, Security Advisor to the Gujarat government that what is the guarantee
that elections could be held after December. The EC has said that
they will not be held before December. What is the guarantee that some
mischief makers, Mafia dons, under world gang lords, some political parties
will not try to disturb peace and engineer violence? Gujarat has
a border with Pakistan. This will enable those who do not want elections,
to get them postponed at will whenever they want and where ever they want.
If this logic accepted a time may come in the near future when elections
might not be held anywhere in the country. On the other hand, the
Constitution says that the term of the state assemblies and that of Lok
Sabha shall be five years and not a day more.
Q.: Do you agree with the sardonic
comments made on officers and bureaucrats by Lyngdoh during his Gujarat
visit?
A.: Lyngdoh should have avoided
making sardonic comments on collectors and chief secretary and others which
lower their dignity. The resolution passed by Gujarat IAS Officers'
Association against Lyngdoh was not unexpected.
