April 17: Gujarat governor Kamla Beniwal returned chief minister Narendra Modi’s ambitious bill seeking to make mandatory voting in elections to local bodies in the state. The bill, clubbed with raising 50 per cent reservation for women in elections to local bodies, was passed by the state
Assembly in a voice vote last December. As constitutional head, the governor has the power to reject a bill passed by the Assembly.
Mr Narendra Modi had described it as an attempt to strengthen democracy in Gujarat. Gujarat Assembly speaker Ashok Bhatt confirmed the bill has been returned by Raj Bhavan.
Meanwhile, sources in the government said several objections have been cited by the governor while returning the bill. The main objections are that it violates a constitutional provision that does not allow voting to be made compulsory in a democratic setup while another objection is that no punishment can be awarded to anybody for not voting in the elections.
The Gujarat Local Authorities Laws (Amendment) Bill of 2009, which also seeks to raise the reservation of seats for women in local self-government bodies from 33 per cent to 50 per cent, was passed by voice vote on December 19, 2009.
The Opposition, led by the Congress, opposed the mandatory voting provision, saying it is in contradiction of constitutional provisions, but had supported raising of seats for women in local bodies from 33 per cent to 50 per cent.
The Opposition had demanded separate bills for 50 per cent reservation for women and for mandatory voting in local self-government bodies.
Under the bill, if a voter fails to vote for reasons other than prescribed in the rules, the voter may be declared a “defaulter voter” and would face consequences for which rules will be framed and placed before the Assembly for approval later. “It is observed that due to low turnout of voters to discharge their duty by exercising their right to vote, the true spirit of the will of the people is not reflected in the electoral mandate,” said the bill’s statement of objects and reasons.
Gujarat CM Modi later told reporters, “Everybody will benefit by compulsory voting, be it a ruling party or the Opposition.”
While introducing the bill, minister Nitin Patel described it as a historical step taken by the government to strengthen the democratic process by achieving 100 per cent voting in elections to local bodies. According to him, the proposed provision, once approved, will put Gujarat in the league of a number of developed nations where voting in local body elections is mandatory.
However, Leader of the Opposition Shaktisinh Gohil described it as a “populist measure” in absolute contradiction of constitutional provisions. He added that the amendment should be split into two and a separate bill for reservation for women should be introduced. “My party will support the government and vote in favour of the bill for enhancing reservation for women from 33 per cent to 50 per cent, as done by the Central government,” Mr Gohil said, adding, “However, the Congress party cannot support the provision of mandatory voting.”
Deepal Trivedi
Gandhinagar
