Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
RIGHTS TO RECALLBILL 2014
An Act require elector for reca...
Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
vii. Manifesto means a public promise or promises, which ...
Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
membersor governing party of in either House of Parliamen...
Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
Whereas disqualification of largest elected party under t...
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Rights to recall in India

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Right to Recall enable citizen vigilant and powerful. Please comment on same to improve our democratic character.

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Rights to recall in India

  1. 1. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B) RIGHTS TO RECALLBILL 2014 An Act require elector for recalling of representative elected in due process of law for breach of terms of his manifesto issued for winning election and to define conditions of recalling such representative. Whereas it is expedient to require electorsto define with sufficient precision the conditions of recalling of representative elected in due process of law for breach of promise or promises of his manifesto issued for winning election and to make the said conditions known to electors It is hereby proposed as follow: 1. Short title, extent and application.- (b) This bill may be called the “Right to Recall Bill,2014”. (c) It extends tothe whole of India. 2. Interpretation- In this bill, unless there is anything repugnant in the subject or context i. Election means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State or in the House of Local body. ii. Elector in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 iii. Political party means an association or a body of individual citizens of India registered with the Election Commission as a political party iv. Candidate means any individual who is nominate himself for the election by elector to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State or in the House of Local body v. Representative means any candidate who is elected by the election by elector to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State or in the House of Local body. vi. Promise means a written declaration or declarations that one candidate shall do complete within specified time and manner.
  2. 2. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B) vii. Manifesto means a public promise or promises, which is issued before an election by a candidate. viii. Seat means membership of either House of Parliament or in the House or either House of the Legislature of a State or in the House of Local body. ix. Elected party means who has majority of representatives. 3. Each candidate has to issue duly signed manifesto at least 30 days before submission his candidature for election nomination with such published manifesto to election commission of India. 4. Candidate or party shall allowed to frame promise or promises and completion time as well as manner of such promise or promises under his manifesto. 5. Each promise of manifesto published under clause 3, shall be binding on Representative 6. Representative and elected party shall be allowed to extend specified time limit for each promise of manifesto by maximum 50 %. Illustration: If any representativeand elected party promised in manifesto to complete particular work A in 12 months then maximum extension for completion of such work shall be 50% of 12 i.e.6 monthsonly. 7. Representative and elected party shall not allow amending specified manner of completion for each promise of manifesto without approval of court of proper jurisdiction. 8. Any deviation in terms of time limit or manner of completion of promise of manifesto, representative or elected party shall have to issue elector notice of such deviation of completion of promise of Manifesto to his elector by publishing in leading newspaper in Hindi, English and vernacular language. 9. Representative or elected partymay apply before Court of proper jurisdiction for grant of extension for time or deviation of manner before expiry of specified time as published in his manifesto after elector notice. 10. Any deviation in terms of time limit or manner of completion of promise of manifesto shall be treated as breach of promise of Manifesto by representative or elected party. 11. On the occasion of breach of promise of Manifesto, representative or elected party have to issue notice of such breach of promise of Manifesto to his elector by publishing in leading newspaper in Hindi, English and vernacular language failing which representative or elected partyshall be disqualified for continuation as elected
  3. 3. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B) membersor governing party of in either House of Parliament or in the House or either House of the Legislature of a State or in the House of Local body and such elected member shall have to vacate his seat. 12. Disqualified representative shall not be entitled to file his candidature for any election for next six years. Whereas disqualified elected party shall have to change their candidates for each seat in next election for which breach of promise or promises of manifesto take place. 13. On notice of such breach of promise of Manifesto, electors with minimum strength of applicant shall be entitled to file recall application before proper jurisdiction of court against such representative or elected party. 14. Minimum strength for Recall application shall be one tenth number of selecting percentage electors or five hundred electors, whichever is lower. 15. Court of proper jurisdiction has power to take action on recall application by minimum strength of applicant or take sue motto action against breach of promise of Manifesto. 16. District Court of representative or elected party form where he or she or they elected shall be Proper jurisdiction in which house of local body is located. 17. High Court of representative or elected party form where he or she or theyelected shall be Proper jurisdiction for either House of the Legislature of a State, 18. High court of representative or elected party form where he or she or theyelected or Supreme Court shall be Proper jurisdiction for either House of Parliament. 19. The court of proper jurisdiction may allow application under any clause of this bill for grant further extension of specified time in manifesto not more than twice of original time or allow amendment in manner of completion of promise as specified in manifesto subject to recommendation of experts. 20. During consideration of recall or extension or amendment application before proper court of jurisdiction, representative or office bearer shall not be entitled to government amenities except salary. 21. On the disqualification of representative under this bill, second candidate of election of such seat in either House of Parliament or in the House of parliament or either House of the Legislature of a State or in the House of Local body whose vote is not less than ten percent of winning candidate shall be entitled to declared as elected representative.
  4. 4. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B) Whereas disqualification of largest elected party under this bill, second largest elected party of election for either House of Parliament or in the House or either House of the Legislature of a State or in the House of Local body whose votes is not less than ten percent of first largest elected party shall be entitled to declared as elected party for making government or governing body. If seat gap of first largest elected party and second largest elected party is more than ten percent then there shall be re-election for the House of parliament or either House of the Legislature of a State or in the House of Local body 22. There shall be re-election on the vacation of elected representative under clause 18. 23. Power to make rules: The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Bill.

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