Lawfully yours: By Retired Justice K Chandru

If ECI exercises powers properly, doubts unlikely on EVMs, fairness

Q: The loss of credibility of the Election Commission is worrying. Its decisions are often seen to be obliging to the wishes of the ruling party at the Centre. The latest example is the conduct of polls in too many phases, which only benefits the party in power which uses all means at hand to influence the voters. When one phase goes to vote, the media will be after those political parties capable of creating headlines elsewhere, thereby influencing voter preferences. Why can’t those advocating simultaneous elections to parliament, state Assemblies, and local bodies conduct general elections alone on one day or at least fix a uniform period for campaigning? Can’t courts take suo moto notice of the Election Commission’s biased acts? Ramarajan, Moolakadai, Chennai

A: Even if “one nation, one election” is implemented, elections in many states have to be conducted in many stages. We do not have that many paramilitary forces to back up a massive election exercise. In Uttar Pradesh, which has twice the number of Lok Sabha seats and a vast expanse of an area, multi-phase polls are not avoidable.

The question is whether the ECI is exercising its powers which makes one wonder why even smaller states like West Bengal have polls in several stages. If the ECI is not turning a blind eye to violations and if fair decisions are taken, then other incidental issues are unavoidable. Keeping the polls spread over 45 days and the EV machines in strongrooms for such a long period may give rise to suspicions and doubts.

Commercial units can also sue manufacturer/dealer as consumer

Q: Can a commercial unit raise a dispute in a consumer/other forums under the Consumer Protection Act concerning any goods purchased or services availed that are not for commercial purposes? In my case, we have fixed air-conditioners which were found to be of poor quality but the dealer has taken an arrogant stand and is refusing to replace them. The A/Cs are brought in my shop’s name. Are there other legal avenues for me to make the dealer see the reason? Karthikeyan, Siruseri

A: Even if the purchase is in the name of a company it is for your use as a consumer only and you can sue the manufacturer as a consumer for defective goods.

If numerous consumers face the defects, the Act provides for a class action (civil lawsuit brought on behalf of many similarly situated people who have been harmed in the same way by the same entity) by a recognised consumer association. Apart from the consumer forum, there is also a remedy by a civil forum but it is time-consuming and expensive.