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The EC said that the order of the Commission is in accordance with the law and in keeping with its Constitutional mandate for ensuring level playing field during the elections with the objective of ensuring free and fair polls

EC issues clarifications on its order on covering of statues in UP
19-Jan-2012, 09:59

The Election Commission of India issued an order on 8 January 2012 for suitably covering the statues of elephants and statues of Mayawati constructed in public places at government expenses for the duration of the Assembly elections in Uttar Pradesh.

The Chief Minister of Uttar Pradesh and the national President of BSP, Mayawati, has cast serious aspersions on the Commission, in public, by attributing anti-Dalit and casteist motives to the Commission's order and also alleging that the order is inspired by pressure from some political parties.

The Commission in a statement said that it regrets that such an allegation was made and rejects the allegation. It expects a higher sense of responsibility and Constitutional decorum from major political parties and their leaders. It notes with concern such statements coming from those holding senior Constitutional positions.

The EC further added that the order of the Commission is in accordance with the law and in keeping with its Constitutional mandate for ensuring level playing field during the elections with the objective of ensuring free and fair polls. This order is also in conformity with the Commission's consistent practice to remove photographs, pictures, etc. of active political leaders at all public places, put up at the cost of public exchequer so that there is no undue advantage or disadvantage to political parties and candidates.

There are standing instructions of the Commission, again reiterated in 2009, that images and photographs of Prime Minister, Chief Ministers, Ministers and other political functionaries who are active in public life should not be displayed in government buildings and premises as that would have the effect of disturbing the level playing field. The statues depicting any party symbol and put up in public places at the cost of public money would also come in this category.

The Commission said that its enforcement only relates to statues of living leaders of political parties who are still active in politics and not leaders of the past. That is why statues of several icons including that of late Kanshi Ram as well as of other parties have not been ordered to be covered.

The EC made clear that the contention that the statues of elephants as erected are different from the election symbol of BSP is not acceptable. In that case, other political parties would be in a position to seek allotment of the Elephant symbol in different postures.

The Commission also clarified that in implementation of the Model Code of Conduct, the commission does not engage in prior consultations every time, but looks to take early remedial action in order to keep the electoral process on the track. In any case, here the Commission was covering a government property, hence the need to consult any political party does not arise.

The Commission reiterated that it takes its decisions and enforces them within the provisions of the Constitution and that does not include considerations of religion, race, caste and community in the manner alleged. Rather it is one of the assigned responsibilities of the Commission to ensure that these aspects are not allowed to vitiate the election process.

The Commission hoped that the aforesaid explanation makes its stand on the covering of the statues amply clear. It does not intend to further engage in elaborating the matter in the thick of its election management work.

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