Election of traditional heads
SHILLONG: The nomination papers for election of traditional heads should now include a column to specify criminal antecedents of the candidates.
Though the order of the High Court of Meghalaya on Friday was regarding the election to the post of Dolloi of Nartiang, this will be applicable for elections of other traditional heads.
The court of Justice HS Thangkhiew said, “Before parting with the records, it is hoped that the requirements as prayed for by the electors be incorporated in the nomination form for future elections that will be held henceforth to such posts, to be in tune with the Constitutional scheme in such matters”.
An application has been filed in the court by the petitioners, asking the respondent JHADC to take necessary measures to amend the nomination paper, for the election to the post of Dolloi of Nartiang.
The amendment sought by the petitioners is for the incorporation of columns in the nomination papers to include disclosure of criminal antecedents if any, of the candidates and also for publication of such declaration.
The elections to the post of Dolloi of Nartiang Elaka have been notified on June 14 and the schedule was published in the notification itself. The election process as per the schedule was to commence from June 18 and culminate on July 29.
The grievance of the petitioners who are said to be electors in the Elaka, is with regard to the absence of the requirement to disclose the criminal antecedents if any, of the candidates.
K. Paul, counsel for the petitioners submitted that though the election process has already been set in motion and scrutiny of nomination papers is over, he only sought a limited direction from the court, without stalling or derailing the election process, only for the purpose of transparency for disclosure of criminal antecedents to enable the electors to judge the candidates on their character and merits.
The counsel also made the submission that in this context, it is necessary that a declaration be filed by the contesting candidates disclosing their criminal antecedents if any for effective exercise of the fundamental rights of the voters as the voters are entitled to have all relevant information about the candidates at an election.
He further said the authority in conducting the elections of Dolloi of Nartiang Elaka without specifying this requirement has acted against the constitutional scheme of things and that the matter being of extreme importance is liable to be interfered with by the court in exercise of powers under Article 226 of the Constitution of India.
The court hence issued certain limited directions to ensure a certain element of transparency in the ensuing election of Dolloi of Nartiang.
According to the court, the Returning Officer should direct the candidates to file a declaration as to their criminal antecedents if any as to whether they are named accused or have been convicted in connection with any criminal offence prior to the filing of the nomination.
The declaration should be filed before the Returning Officer on or before July 24 and the concerned electors will be permitted to scrutinise the same in the office of the Returning Officer during office hours, until the date before polling on July 25.
“It is made clear that the declaration so furnished and any information giving therein by the candidates concerned shall not authorize the Returning Officer to cause disqualification of any candidate, as these directions have been passed only to ensure some transparency to enable the electors to know their candidates”, the order said, adding any dispute to eligibility or otherwise that may arise will strictly be dealt with under The Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election, Appointment, Powers, Functions and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act, 2015.