AN UNDOCUMENTED WONDER : The Making of the Great Indian Elections

by S.Y. Quraishi

The following illustration will demonstrate fully the futility of the MCC being given statutory backing. At the time of the elections to the Karnataka Legislative Assembly in 2008 a sitting minister was found bribing voters. This is both a specific violation of the MCC and an electoral offence, and a corrupt practice under the law. A notice was issued to the minister by the Election Commission for this violation of the MCC; alongside, a police complaint was lodged under Section 171B of the Indian Penal Code. The minister concerned submitted his reply to the Commission within a few hours and was reprimanded promptly, which stopped him from repeating any such misdemeanor. On the other hand, the investigation in the criminal case continued for months after the election. When the Commission reminded it to expedite the investigation, the state government’s cabinet decided in a meeting, at which the aforesaid minister himself was present, to withdraw the case before the trial court. When the Commission decided to intervene and oppose the withdrawal of the case, the state government took the matter to the district judge who held that the Commission had no