Sunday, March 9, 2008

Article 20 - Election

Section 1: The superintendence, direction and control of the preparation of the electoral rolls for, and conduct of, all elections of legislature and executive posts under Bharat Sangh shall be vested in a election commission referred to in this constitution as the Election Commission.
Section 2: The election commission shall consist of one chief election commissioner and other two election commissioners, who shall act as an autonomous body.
Section 3: There shall be regional election commissioners who shall be appointed by the executive head of that territory on advice of immediate superior election commissioner.
Section 4: Regional Commissioner shall not be removed from office except on recommendation of CEC.
Section 5: Referendum on any subject shall be conducted by the CEC according to provisions of the constitution and law made for the purpose.
Section 6: All election disputes including first appeal shall be decided by court of same hierarchy and wherever possible by superior hierarchy at lest three days prior to date of oath.
Section 7: Every person who is a citizen of Bharat and who is not less than eighteen year of age on the date of election may be fixed in that behalf by or under law made by appropriate legislature and not otherwise disqualified under this constitution or any other law made by the appropriate legislature on the ground of non residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at any such election.
Section 8: Generally a government servant shall not be allowed to get involved in Political activity. But he wish to be a candidate for any post in local government except of Union and Province, he should give prior notice of one year of his intention to contest election with the area from where he wants to contest. The government once receives such letter should ensure that he is no more posted in the area to which he wants to represent. If a government servant wins the election, he will receive the remuneration same as he was receiving as a government until he resign from that government post and becomes fulltime political member. Such government servant will be given special leave during period for which legislative body to which he is a member is under session. In case such government servant want to contest for the post of Executive head or Deputy Executive Head he will need to give a conditional resignation from service for acceptance of it in case he wins the election. A government servant cannot be a candidate for representing any political post in union or Province government.
Section 9: Election for all the executive and legislative vacancy shall be held through second ballot system. In this system the election is cancelled if no candidate gets absolute majority of votes. And it is held again in which only two candidates (who had secured highest number of votes in the cancelled election) are allowed to context.
Section 10: A person cannot be candidate in election if charge has been framed against him at least three month before the date of election, for offence, for which he may be awarded maximum ten years of imprisonment or has been convicted for such offences. But if a person against whom charges have been framed believes that he has been falsely implicated in the case, he can approach to the court of same hierarchy for which he want to be candidate, at least six weeks before the nomination for the election is filed, and demand his trial within next four weeks. Court thereby to decide whether he is prima facie guilty of that offence or not if answer is negative he shall be allowed to contest in the election.
Section 11: Election for all posts going to be filled by adult franchise shall be held on the second Sunday of November and wherever it is required the second round of election shall be held on forth Sunday of November.
Section 12: The counting of vote should take place in the coming Wednesday next to the date of election.
Section 13: All the legislative bodies should start their function with effect from Second Monday of January.
Section 14: All the executive head shall take oath and takeover their offices with effect from third Monday of January.
Section 15: The internal election of legislative bodies should take place on third day of their first meet or immediate after that day if not possible on that date.
Section 16: In case of equal votes by two contester one who is outgoing holder of that post shall use his decisive vote.
Section 17: No person can contest election for more than one post at once.
Section 18: The notification for the election shall be issued five week before the first round of election. The filing of nomination shall begin four week before the first round of election. The filing of nomination shall close before three week of election. A candidate can take his candidature back before two week of first round of election.
Section 19: A candidate for any post of legislature or executive from a recognised political party shall be one who has been duly elected for such post according to rule of the party until law for such election is made.
Section 20: If a person intend to be candidate for any post, demands, that election to be conducted in presence of observer of election commission then entire internal election of a registered political party shall be conducted in presence of election observer of election commission.
Section 21: All bill deadlocked between Executive Head and legislature shall be placed for referendum at the time of general election.
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