‘Election Commission sought rule making power under RP Act’

In an affidavit filed before the Supreme Court, the Election Commission of India has spoken of having proposed that rule-making power under the Representation of the People (RP) Act should be conferred on it.

Presently it is conferred on the central government.

The Central Election Commission said that it had made a proposal in 1998 to the then Law Minister.

It said the proposal for conferring the rule-making authority to the ECI was reiterated in the proposal on electoral reforms sent by the poll panel to the government in July 2004.

The ECI has also said that the element of independence under the Constitution was not exclusively for an individual alone.

It need be recalled that BJP leader and advocate Ashwini Kumar Upadhyay had filed a PIL seeking a direction to the central government not to remove the two ECs from their office.

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