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Report No. 170

Practical difficulties and problems:- The elections to Lok Sabha or for that matter Legislative Assemblies in bigger states, are not held on one single date. Elaborate arrangements have to be made to establish polling booths, to requsition, allocate and transport the personnel to man the polling booths, and the transfport and stationing of police and other parliamentary forces for maintaining peace at the time of polling and so on. Because of these factors and considerations, elections to Lok Sabha are held on two or more dates. Elections to Legislative Assemblies of big States are also spread over two dates. Secondly, counting does not take place soon after the polling.

Counting begins only after the polling thoughout the country (in the case of Lok Sabha) and throughout the State (in the case of a Legislative Assembly) is completed which means that if a run-off election is to be held, fresh ballot paper is required to be printed in respect of those constituencies (where the run-off has become necessary) and polling has to be held afresh which means either retaining or rearranging the entire paraphernalia mentioned above including the stationong of Police and other foces to maintain law and order. And, if the idea of negative vote is implemented, a fresh election may become necessary, in case no candidate gets 50%+1 votes even in the run-off.

(Paragraphs 8.1 and 8.9)

9.29. For the sake of convenience, the Amendemnt Bills, to be introduced in Parliament are appended herewith (Annexure-A).The Amendement Bills incorporate the provisons of the Bills (Annexure-I) annexed with the Working Paper circulated by the Commission (Annexure-B), as well as the recommendations made in the report.

In other words, if all the amendments suggested by the Law Commission are accepted by Parliament, the Constitution (......) Amendemnt Bill, 1999, the Representation of the People and other Allied Laws (Amendment) Bill, 1999, amendemnts to Chapter IXA of the Indian Penal Code, 1860, amendemtns to Chapter XIV and Chapter XXVI of the Code of Criminal Procedure, 1973, amendment to the Forms 2-A to 2-E of the Code of Election Rules, 1961 and amendemnt to the Rules of Procedure and Conduct of Business in the Lok Sabha, would reas as set out in the Annexure-A.

We recommend accordingly,

Mr. Justice B.P. Jeevan Reddy (Retd.)
Chairman
MS.Justice Leila Seth (Retd.)
Dr. N.M. Ghatate
Member
Dr. Subhash C.Jain
Member Secretary

Dated : 29th May, 1999



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