Date: 2022-07-11Category: Extra OrdinaryState: Union GovernmentCountry: India
Presidential Election 2022 Intention to Vote at place of polling other than the one notified for one set of electors relaxation in submission of request
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**Report: Analysis of Election Commission of India Notification Regarding Presidential Elections**
**1. Executive Summary:**
This report analyzes a notification issued by the Election Commission of India (ECI) on July 11, 2022, regarding the Presidential Election, 2022. This notification amends a previous rule concerning the timeframe for Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) to request voting at a polling place other than their designated one. The core purpose of the amendment is to liberalize the previously fixed 10-day prior intimation requirement for such requests, allowing the ECI to consider requests made even after the deadline in cases of extreme urgency. This report details the changes, their rationale, affected parties, and expected impact.
**2. Introduction:**
This report aims to provide a detailed analysis of the Election Commission of India's Notification No. 47920221, dated July 11, 2022, pertaining to the Presidential Election, 2022. The analysis is based solely on the text of the provided notification.
**3. Policy Overview:**
* **Amendment:** This notification is an amendment to the Presidential and Vice-Presidential Elections Rules, 1974, specifically referencing Rule 7 and a previous ECI notification No. 47920221 dated 15th June, 2022.
* **Core Objective:** The core objective of this amendment, as inferred from the text, is to provide greater flexibility to MPs and MLAs who, due to unforeseen circumstances, may need to vote at a polling place different from their originally assigned location, even if they are unable to provide the required 10-day advance notice.
**4. Background and Rationale:**
This notification addresses a perceived rigidity in the original policy. The 10-day prior intimation rule, while designed for logistical planning, may have presented difficulties for MPs and MLAs facing genuine emergencies or last-minute changes in circumstances. The amendment suggests a recognition that strict adherence to the deadline could disenfranchise voters due to unforeseen and unavoidable situations. The amendment allows the ECI to exercise discretion in exceptional cases.
**5. Key Provisions / Changes:**
This notification introduces a *change* to a previously established rule. Specifically:
* **Original Policy (as referenced):** The original policy, as stated in the notification, stipulated a 10-day deadline before the date of the poll for MPs and MLAs to request voting at a different polling place than the one designated for their group.
* **New Rule/Provision:** The amendment states that the ECI may consider requests received *even after* the 10-day deadline, based on the circumstances of individual cases. The ECI is authorized to allow such MPs/MLAs to vote at the alternate location "if there is sufficient time available for making necessary arrangements in this regard."
* **Effect of the Change:** The change introduces flexibility. Previously, requests made after the 10-day deadline would presumably have been automatically rejected. Now, the ECI has the discretion to approve such requests, contingent on the urgency of the situation and the feasibility of making necessary arrangements. This does not guarantee approval, but it allows for consideration of extenuating circumstances.
**6. Target Audience and Stakeholders:**
The direct target audience and stakeholders are:
* Members of Parliament (MPs)
* Members of Legislative Assemblies (MLAs)
* The Election Commission of India
* Presidential Election Voters
These are individuals directly affected by the rule governing where they can cast their votes.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Election Commission of India (ECI) is the responsible body for implementing this change.
* **Procedures:** MPs and MLAs still need to submit a request to the ECI. The text implies that even with the amendment, these requests should be in the "prescribed format" mentioned in the initial notification. The key difference is that late requests will now be reviewed on a case-by-case basis.
* **Timelines:** While the 10-day deadline is no longer absolute, the ECI will consider whether "sufficient time" remains to make the necessary arrangements. This suggests a practical constraint; the closer the request is to the election date, the less likely it is to be approved.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this amendment is to:
* Increase voter participation by accommodating MPs and MLAs who might otherwise be unable to vote due to unforeseen circumstances preventing them from meeting the original deadline.
* Ensure fairness and prevent disenfranchisement by allowing the ECI to consider genuine emergencies.
* Maintain the integrity of the election process by retaining the discretion to deny requests if logistical constraints make accommodation impossible. The impact is likely to be a small number of cases where late requests are approved, but the potential impact on individual voters could be significant.
**9. Conclusion:**
The Election Commission of India's notification of July 11, 2022, represents a liberalization of the rules governing voting location requests for MPs and MLAs in the Presidential Election, 2022. By granting the ECI discretion to consider late requests in cases of urgency, the amendment seeks to balance logistical efficiency with the fundamental right to vote. This change is significant because it acknowledges the potential for unforeseen circumstances to prevent voters from complying with strict deadlines and provides a mechanism for addressing such situations.
Key Entities Referenced
Election Commission of India: The organization responsible for conducting elections, including the Presidential Election, 2022.
Presidential Election, 2022: The election for the President of India held in 2022.
Presidential and Vice-Presidential Elections Rules, 1974: The set of rules governing the conduct of Presidential and Vice-Presidential elections in India.
New Delhi: The location of the Election Commission of India, and place of publication.
Member of Parliament: A member of the Parliament of India.
Member of Legislative Assembly: A member of a Legislative Assembly of a State in India.
SUMAN KUMAR DAS: Secretary of the Election Commission of India who issued the order.
Mayapuri, New Delhi: Location of the Government of India Press.
Delhi: Location of Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-11072022-237240
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असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 60] िई दिल्ली, सोमर्ार, िुलाई 11, 2022/ आषाढ़ 20, 1944
No. 60] NEW DELHI, MONDAY, JULY 11, 2022/ASHADHA 20, 1944
भारत जिर्ाचा ि आयोग
अजधसचू िा
िई दिल्ली, 11 िुलाई, 2022
आ.अ. 60(अ).—यतः, भारत जिर्ााचि आयोग िे राष्ट्रपतीय जिर्ााचि, 2022 के संचालि के संबंध म ें राष्ट्रपतीय
और उप-राष्ट्रपतीय जिर्ााचि जियम 1974, के जियम 7 के अधीि दििांक 15 िूि, 2022 को िारी अपिी अजधसूचिा स.ं
479/2022(1) के द्वारा मतिाि का स्ट्थाि र् जिर्ााचकों का समूह, िो उि मतिाि स्ट्थलों पर मतिाि करि े का पात्र होगा,
उिको अजधसूजचत कर दिया ह;ै और
यतः, उक्त अजधसूचिा की टिप्पणी म ें मतिाि की तारीख स े 10 दिि पहल े की सीमा उस रूप में जिधााटरत की गई
ह,ै जिससे पहल े कोई भी संसि सिस्ट्य/जर्धाि सभा सिस्ट्य दकसी जर्िेष पटरजस्ट्थजत के कारण यदि उिके समूह के जलए
अजधसूजचत मतिाि-स्ट्थल के अलार्ा अन्य मतिाि स्ट्थल पर मतिाि करिा चाहता/चाहती हो तो उसे जिधााटरत प्रपत्र म ें
भारत जिर्ााचि आयोग को सीधे आर्ेिि करते हुए सूजचत करिा होगा; और
यतः, आयोग िे अत्यन्त तात्काजलक जस्ट्थजत के मामल े म ें 10 दिि पूर्ा सूचिा की उपयुाक्त ित ा को उिार बिािे का
जिणाय जलया ह;ै
अतः, अब आयोग िे यह जिणाय जलया ह ैदक उपयुाक्त प्रयोिि के जलए आयोग म ें मतिाि की तारीख स े 10 दिि पूर् ा
की अर्जध के पश्चात भी प्राप्त अिुरोध, यदि कोई ह,ै तो आयोग द्वारा उस पर व्यजक्तगत मामल े की जस्ट्थजत के आधार पर
जर्चार दकया िा सकता ह ै और आयोग ऐस े संसि सिस्ट्य/जर्धाि सभा सिस्ट्य को उिके समूह के जलए अजधसूजचत स्ट्थाि के
अलार्ा अन्य मतिाि स्ट्थल पर मतिाि करिे की अिुमजत िे सकता ह,ै यदि इस संबंध म ें आर्श्यक व्यर्स्ट्था करि े के जलए
पयााप्त समय उपलब्ध हो।
[सं. 479/2022(1)]
आिेि स,े
सुमि कुमार िास, सजचर्
4666 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)]
ELECTION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 11th July, 2022
O.N. 60(E).—Whereas, the Election Commission of India, in connection with conduct of Presidential
Election, 2022, has notified under Rule 7 of the Presidential and Vice-Presidential Elections Rules, 1974, vide its
Notification No. 479/2022(1) dated 15th June, 2022 the Place of polling and Group of electors who will be entitled to
vote at those places of poll; and
Whereas, in the Note to the said Notification, a limit of 10 days before the date of poll has been fixed, before
which any Member of Parliament/Member of Legislative Assembly, on account of exigency for special circumstances,
has to intimate if he desires to vote at place of polling other than the one notified for his/her group, by directly
applying to the Election Commission of India in the prescribed format; and
Whereas, the Commission has decided to liberalise the above said stipulation of 10 days’ prior intimation in
case of extreme urgent situation;
Now, therefore, the Commission has decided that the requests for the aforesaid purpose, received in the
Commission, even after 10 days before the date of poll, if any, may be considered by the Commission based upon the
circumstances of individual case and allow such Member of Parliament/Member of Legislative Assembly to cast vote
at place of polling other than the one notified for his/her group, if there is sufficient time available for making
necessary arrangements in this regard.
[No. 479/2022(1)]
By Order,
SUMAN KUMAR DAS, Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.