Poll panel turns down govt plea on quota for minorities

Setting up of Minorities panel can influence voters: EC

In an assertion of itself, the Election Commission on Thursday rejected the government's plea that setting up a commission for the welfare of the backward among the minorities and considering reservations for them was not an election sop.

The decision of the government for the setting up of a national commission for the welfare of socially and economically backward sections among religious and linguistic minorities "at this juncture when elections are being held in two states of the country gives the impression of being aimed at influencing some sections of the electorate," the commission said in a letter to the Cabinet Secretary.

"The commission is emphatically of the view that the decision on the constitution of the commission should also have been deferred till the date of poll, October 13," the commission said.

It observed that the government had sought the commission's views on the issue of changing the policy on subsidy for Haj travel and decided to defer it.

The issue of setting up a national commission had the "same potential for influencing a section of the voters but the matter was not referred to the Election Commission for its views," it pointed out. "The commission hopes that such lapses will be avoided in future", it said.

The government had defended its decision to set up the commission on the grounds that the move did not amount to a violation of the model code of conduct on the ground because the President, in his address to both Houses of Parliament on 7 June had referred to such a commission.

But the Election Commission disagreed. The model code had been framed to ensure a level playing field for all contestants, the commission said.

"While the code does not prevent normal governmental functioning, it prohibits taking of those decisions that would have an impact in influencing certain sections of the electorate thus providing unfair advantage to the party in power and thereby disturbing the level playing field between the parties", the poll panel said.

While terms covered in the common minimum programme or the President's address were the statements of intent of the party in power or the government, "it is the Cabinet decision on the respective issues that translates the intent to an implementable/actionable matter,' the poll panel said.

This is the first confrontation the United Progressive Alliance (UPA) government has had with the Election Commission.