Vol. 15 · pages 626–630

609PARLIAMENTARY DEBATES Dr. Ambedkar: I do not know. I am not very much interested in these matters. But, in view of the difficulties raised that a large number of polling agents would be reduced and that if we were to subject them to certain disqualifications the number available may be very few and that it may create a lot of difficulty in conducting the elections. I am prepared to accept the amendment of my hon. friend Pandit Munishwar Datt Upadhyay. Mr. Speaker : That is for dropping the clause altogether ? Dr. Ambedkar: No. the point is this. I am told that our friends who propose to contest the elections wish to draw upon the college students who are younger than the prescribed age and may not be even voters. I have told them privately that they have already done a great mischief to young college boys by drawing them into the political arena and that they had better not repeat the same thing. They said that they must have this facility. I am prepared to allow that. Mr. Speaker: It comes to as I was saying, if I mistake not, dropping and negativing clause 45 altogether. I shall put the clause first. The question is : “That clause 45 stand part of the Bill w. The motion was negatived. * Clause 44.—(Polling agents )—contd. Mr. Speaker : Now we come to clause 44. Pandit Thakur Das Bhargava: I beg to move: In clause 44, for the words “three days” substitute the words “one day”. Sir, now that we have dropped clause 45, the work of scrutiny does not require 3 days. It is enough if the Returning Officer gets the names one day previous. Therefore I have suggested that instead of the words “three days”, the words “one day” may be put in. Mr. Speaker: Amendment moved : In clause 44, for the words “three days” substitutes the words “one day”. * P. D., Vol. 12, Part II, 21st May 1951, pp. 9180-84.

610 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar: Mr. Speaker, prima facie it does appear that in view of the abolition of clause 45, one day ought to be sufficient. But frankly speaking. I have not had an opportunity of discussing this matter with the Election Commissioner and obtain his views whether this would or would not create any difficulty. Therefore, I suggest that so far as this point is concerned, the clause may be permitted to remain as it is. I can return to it afterwards by suggesting a suitable amendment if I am convinced that one day really is quite sufficient and nothing more is necessary. I do not want to rule it out for the moment. Mr. Speaker: That means that this clause is kept over ? Dr, Ambedkar: Yes. Mr. Speaker: Then we can dispose of the other amendments. Shri Ramalingam Chettiar (Madras): Before you leave this amendment, let me suggest that a polling agent may have to be appointed at short notice…….. From the point of view of practical working of the thing, it may be inconvenient to have three days put in here. This point may be considered by the Law Minister. Dr. Ambedkar: I will, certainly. Now, I will move my amendment I beg to move : (i) In clause 44, for the words “one agent and two relief agents and not more to act as his polling agent” substitute the words “such number of agents and relief agents as may be prescribed to act as polling agents of such candidate”. (ii) In clause 44, omit the words “and to such other officer as may be prescribed”. Shri Shiv Charan Lal: I could not hear the second portion. Sir. Mr. Speaker: I am reading it again. (Amendment of Dr. Ambedkar as above moved. So I request the Hon. Law Minister that the words in the clause may be left as they are and not omitted. [PANDIT THAKUR DAS BHARGAVA in the Chair ]

611PARLIAMENTARY DEBATES May I draw, the attention of the Law Minister that the words ‘such other officer as may be prescribed’ should be allowed to remain so that the Returning Officer may prescribe, as usual, the presiding officer to take the application for appointment of the polling agents. Shri J. R. Kapoor (Uttar Pradesh): May I know what is the second amendment ? Dr. Ambedkar: My friend will see that the last words of clause 44 are as follows: “that notice of the appointment shall be given in the prescribed manner to the Returning Officer and to such other officer as may be prescribed.” The Rules may prescribe that either the notice of the appointment of polling agent may be given to the Returning Officer and to such other officer as may be prescribed. I am trying to delete by my amendment that sentence—“such other officer as may be prescribed” be omitted so that the result will be that the intimation shall be given to the Returning Officer only. Mr. Chairman : Now it is the discretion of the Government to appoint another officer also. This amendment is taking away the discretion. In practice it is the Presiding Officer to whom this notice is usually given or the polling officer at the time. Therefore I would request the Law Minister to consider if these words are rather enabling. Dr. Ambedkar : You know the internal history about these things. I am personally content with the words as they are in the Section; I am prepared to withdraw my amendment and leave the words as they are. Shri J. R. Kapoor: I would suggest that it may be ‘Returning Officer or such other Officer’ Dr. Ambedkar: The Returning Officer ought to know everything. Mr. Chairman: Has the Hon. Minister anything to say to that suggestion?

612 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar: I am not prepared to accept that. Shri J. R. Kapoor: If ‘or’ is not substituted, the whole object of retaining the words ‘such other officer’ goes away. Our intention is that there should be facility to the candidate to submit the name of his polling agents to the presiding officer. I would prefer that these words should be deleted rather than both should remain if my amendment is not to be accepted. Mr. Chairman: It does not necessarily mean that notice is to be given to two officers. Mr. Chairman: The question of period is yet in suspense. Till then this cannot be decided. Shri J. R. Kapoor: The whole clause 44 may be held over. Dr. Ambedkar : My suggestion is that my first amendment may be considered and the second be held over. Pandit Munishwar Datt Upadhyay: Why not hold over both because we have not definded whether two agents, one agent and one relief agent, will be appointed for every polling booth. Dr. Ambedkar: The first has no integral connection with the second amendment. Mr. Chairman: The question is : In clause 44, for the words “one agent and two relief agents and no more to act as his polling agent” substitute the words “such number of agents and relief agents as may be prescribed to act as polling agents of such candidate”. The motion was adopted. Mr. Chairman: The second amendment is held over. *Clause 46. —(Counting agents) Shri Shiv Charan Lal: There is an amendment—No. 382 in Consolidated list No. 1 in the name of Pandit Bhargava. I may be permitted to move it. *P.D., Vol. 12, Part II, 21st May 1951, pp. 9184-88.

613PARLIAMENTARY DEBATES Mr. Chairman: I would like to know the reaction of the Hon. Minister. Dr. Ambedkar: It may be permitted. Mr. Chairman: Yes, the hon. Member may move it. Amendment made: In clause 46, before the word “may” occurring in line 2, insert the words “or his election agent”. —[Shri Shiv Charan Lal ] The motion was adopted. Clause 46, as amended was added to the Bill. Clause 47.— (Revocation of appointment of polling agent etc.) Dr. Ambedkar: I beg to move. For clause 47, substitute the following clause: “47. Revocation of the appointment or death of a polling agent or counting agent. —(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer and in the event of such revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to the Returning Officer. (2) Any revocation of the appointment of a counting agent shall be signed by the candidate and shall operate from the date on which it is lodged with the Returning Officer and in the event of such revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate may appoint in the prescribed manner another counting agent at any time before the counting of vote is commenced and shall forthwith give notice of such appointment in the prescribed manner to the Returning Officer.” Shri J. R. Kapoor: It is very difficult to follow the amendment without a copy before us. Shri Santhanam: As consequential to the previous amendment after the word “candidate” wherever it occurs the words “or election agent” should be inserted. Dr. Ambedkar: I have no objection.