Maharashtra SEC Dinesh Waghmare: Religion-based mayor promises breach poll code, election officers will be protected from political backlash

Maharashtra State Election Commissioner (SEC) Dinesh Waghmare, in an exclusive interview with The Indian Express, said that promises made by a mayor representing a particular religion or region can constitute a breach of the model code of conduct. He said that action could be taken if a complaint is filed.

In response to reports of returning officers being intimidated by political parties, Waghmare affirmed that the SEC will support these officers even after the elections if they face backlash for their poll-related responsibilities.

Dinesh Waghmare: The Honourable Supreme Court has mandated holding elections before January 31 and directed us to hold elections where the total reservation is below 50 per cent. In 12 ZPs, elections will be held, and we are fully prepared. I can’t share the date yet, but it will be announced soon. It will not be difficult to complete the process before January 31, and if needed, we can seek an extension for one or two weeks.

Dinesh Waghmare: The Supreme Court will give an order on it, and we will follow it. If we take any other decision, then it will be a contempt of court.

Dinesh Waghmare: It should not be said as per the principles of the Model Code of Conduct, as it is a division based on religion or a division based on region. It should not have been said.

Dinesh Waghmare: Not yet. But it is expected of political parties to follow the principles of the poll code.

Dinesh Waghmare: If it has been published in the media and brought to our notice, action can be taken as per the rules of Model Code of Conduct.

Dinesh Waghmare: Local body polls do see unopposed elections, and Maharashtra is not witnessing anything new. In Telangana, 10 per cent seats were elected unopposed. Here, out of 2869 seats, only 70 saw unopposed elections. This is 2.4 per cent only.

As per the law, if only one candidate remains in the fray, that person should be declared unopposed. Despite this, we have sought reports on those cases. We will not grant clearance until we receive the report from the municipal commissioners.

Dinesh Waghmare: That is not our domain. We cannot go beyond the statute. If there is an amendment in the act, stating elections should be held considering NOTA as a candidate, then we can have voting in these cases. As of now, no law permits it, and we cannot bypass it. The right to make such an amendment is with the legislature.

Dinesh Waghmare: We can. But a petition regarding this is pending with the Supreme Court, and we will have to wait for the outcome. Therefore, this is not the proper stage to make any recommendation since the Supreme Court is looking into it.

Dinesh Waghmare: As far as the conduct of the returning officer is concerned, prima facie, he did his work as per the rules. We are not going much further into this. In case the second issue of threats given is concerned, videos do not show him threatening inside the RO’s office. If it has been done outside, then we cannot comment on it.

Dinesh Waghmare: No, not at all.

Dinesh Waghmare: Apart from this (Colaba), we have some complaints from Thane for which we sought a report from the Thane municipal commissioner. The ROs are quasi judicial authority and have total protection over their decisions. Even after elections, we, as the State Election Commission, are here to protect them.

If they have not erred, worked as per the rules, and are victimised for the same, then we can intervene even after the election. We will stand by them even after elections if they are subjected to victimisation post-election for their election-related work.

Dinesh Waghmare: That is not our jurisdiction. As far as MPs and MLAs are concerned, the ECI has jurisdiction, which we do not have as the SEC. We are here to conduct elections and our role ends when the certificate is issued. After that, the Urban Development Department’s role begins. I will not comment further on this.

Dinesh Waghmare: It will be based on the directions of the Supreme Court, whether the entire process be repeated or only for OBC seats. Plus, the decision on the extent of OBC reservation is to be taken by the legislature and not us. We are here only to implement.

Dinesh Waghmare: This is not true. We have surveillance teams, video surveillance teams and flying squads at each municipal corporation level, based on its size. A cell to ensure adherence to the model code of conduct, control rooms are established. Media certification teams have been formed. Cash worth more than Rs 7 crore, alcohol, and arms have been seized. We are taking necessary action.