General Election to the Bihar Legislative Assembly, 2005 – election schedule - Press Note
The Bihar Legislative Assembly was duly constituted by the Election Commission of India on 4th March, 2005, after the general election held in February, 2005.
On imposition of the President’s rule in the State of Bihar on 7th March, 2005, under Article 356 of the Constitution, the newly constituted Bihar Legislative Assembly was placed under suspended animation. On 23rd May, 2005, that State Assembly has been dissolved by the President acting under the aforesaid proclamation under Article 356 of the Constitution. Thus, a general election has become due for constituting the new Bihar Legislative Assembly. Following the principle laid down by the Hon’ble Supreme Court in Reference Case No.1 of 2002 (Reference by the President under Article 143 relating to general election to the Gujarat Legislative Assembly on its premature dissolution), “the Election Commission is required to initiate immediate steps for holding election for constituting Legislative Assembly on the first occasion and in any event within six months from the date of premature dissolution” of the Bihar Legislative Assembly, i.e., by 22nd November, 2005.
The Election Commission is considering the issue of framing a suitable time schedule for holding the said general election. Some of the political parties are requesting for an early election before the onset of the Monsoon and also the expiration of the President’s rule on 6th September, 2005. On the other hand, some other political parties are of the view that the elections should be held only after the rainy reason is over and the floods, which are an annual feature in the State, recede. These parties are also requesting the Commission to keep in view the religious festivals like Durga Puja, Dusshera, Deepawali, Eid and Chhat Puja falling in the months of October – November, 2005 while finalizing the election schedule.
The Commission has duly taken note of the above requests and views of the political parties. In order to make an assessment of the preparedness of the state machinery to conduct the elections, ground realities with regard to the rainy reason and its effect, particularly floods in various parts of the State, including the past trends, and other relevant aspects, the Commission sent a two member team headed by Shri Anand Kumar, Deputy Election Commissioner, and consisting of Shri S.K. Mendiratta, its Legal Advisor, to the State of Bihar. The team held extensive meetings with the recognized political parties, both National and State, (except CPI which did not meet the Commission’s team) in Bihar, senior officers, namely, the Chief Secretary, Chief Secretary Designate, Home Secretary, Special Home Secretary, Chief Electoral Officer, Director General of Police, IG (Headquarters), and DIG ( Administration) and other concerned officials on 27th May, 2005. The Commission’s team also held discussions with the district authorities of all the 38 districts in the State by making visits to the divisional headquarters on 27th, 28th and 29th May, 2005. The team submitted its report to the Commission today.
The Commission has duly considered the report of the two member team, which contains its recommendations and the views, in detail, of the recognized political parties, civil and police administration including the district administrations in the State of Bihar. The Commission has also received valuable inputs from the India Meteorological Department, Government of India about the onset and withdrawal of Monsoon in Bihar during the last ten years and from the Central Water Commission, Government of India about the impact of floods caused not only by the heavy rains in the State but also by the heavy inflow of water from the catchment areas in Nepal. In Bihar, the Monsoon is expected to set in by the middle of June this year - only a fortnight from today - as per the forecast and the previous records furnished by the India Meteorological Department. The Commission has also taken into consideration all other relevant aspects, like, the need to update the electoral rolls which were frozen after the last date of making nominations for the last general election in February, 2005, the need of servicing the Electronic Voting Machines (EVMs), the need to acquaint the candidates and their agents in the proper functioning of those machines as some of the political parties and the candidates had complained in the past about the inadequacy of their knowledge about the functioning of EVMs, the mobilisation of the central para military forces in adequate numbers so as to provide effective security cover to the electorate, polling parties and polling stations, as well as leaders of political parties, their candidates and workers and to inspire confidence in the minds of the general public.
Having carefully considered various pros and cons of all the above aspects and the recommendations of the two-member team, the full Election Commission is of the unanimous view that holding a free and fair poll during the period July, August and September, 2005 is ruled out. The Commission is further of the considered view that the suitable period for holding the poll for the general election in Bihar will be October to November, 2005. The Commission will frame a suitable time schedule for the general election in due course taking into account all relevant factors, including religious festivals, and the ground realities such as floods. It will be its earnest endeavor to complete the election process by 22nd November, 2005.
Election Commission of India
New Delhi, Jyaistha 10, 1927
May 31, 2005
RM/AMA-310505 Bihar
(Release ID :9549)