So, back to the ballot
We feel that the whole episode could have been avoided had the election commission (EC) chosen to play its part and intervened in a matter that was not only within its jurisdiction but fell within its constitutional obligations as well. This omission has also been taken cognizance of by the court who thought it fit to administer a mild stricture to the EC 'for having failed to exercise its authority as a constitutional authority'.
It would appear to any observer that the returning officer (RO) and the EC were working in watertight compartments when in fact the ROs are to function under the supervision of the EC. Although the ROs happen to be government servants, and some of them may feel beholden to the party in power, the EC being a statutory body should have acted assertively.
In this case one gets the impression that the RO had succumbed to government pressure, real or perceived, by denying 'kula' as symbol to the Bikalpa Dhara candidate. Had the EC chosen to see through the game, the embarrassment could have been avoided and the by-election held in time.
We are sure we echo the public sentiment when we demand transparency of the EC. Basically it should function free of extraneous pressures, and without fear or favour. Impartiality is the essence of the functioning of the EC. It must not only act impartially it must also be seen to be impartial.
Now comes the conduct of the by-poll. It is for the EC to ensure suitable conditions that would allow free and fair poll.
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