EC indicts Haryana House secy, wants persons on duty booked
POLL PANEL ODRERS DISCIPLINARY ACTION AGAINST RK NANDAL, HARYANA VIDHAN SABHA SECY CUM-RO FOR THE BIENNIAL ELECTION, FOR HIS ‘LAPSES AND LACK OF SUPERVISORY CONTROL’
CHANDIGARH: The Election Commission has ordered disciplinary action against the Haryana Vidhan Sabha secretary and registration of first information report against those responsible for the ink controversy that led to rejection of votes of 12 Congress MLAs in the Rajya Sabha election three months ago.
The EC, in its order dated September 26, wrote to chief secretary DS Dhesi that it was a serious case of lack of supervisory control and negligence in performance of duty. Disciplinary action should be taken against RK Nandal, Haryana Vidhan Sabha secretary-cum-RO for the biennial election to Rajya Sabha, for his “lapses and lack of supervisory control”, read the letter.
The poll panel asked the state’s chief electoral officer to have an FIR registered under sections 129 (influencing voting), 134 (breach of duty), 136 (1)(b), 136 (1)(f) and 136 (1)(g), (removing/destroying election documents) of the Representation of People Act1951 and sections 120-B (criminal conspiracy), 171C, 171F (undue influence/impersonation at an election), 379 (theft), 415, 426 (deceiving, mischief), 463 (forgery) of IPC against the persons on election duty or otherwise, whose conduct resulted into alleged change of pen/ink leading to rejection of 12 votes.
Chandigarh senior superintendent of police Sukhchain Singh Gill said an FIR has been registered against unknown persons.
Copies of the poll panel orders were released by INLD leader Abhay Singh Chautala, who had filed a complaint with the EC against alleged irregularities in the RS election, at a press conference in Chandigarh on Wednesday. The EC order is subsequent to the report submitted by the CEO who was asked by the former to look into the complaints sent by the INLD and others against the election.
It may be recalled that the election process for two RS seats had got mired in controversy after votes of 14 legislators of the Congress —12 of them on the ground that they were inked used the wrong pen — were declared invalid. Both the INLD and the Congress had alleged that polling was vitiated by “replacement” of the official pen. While 12 Congress votes were rejected because of use of “wrong type of ink (pen)”, one vote was not counted as the ballot was left unmarked. Another vote was rejected as the MLA had shown it to a party colleague who was not authorised to see it.
As a result, advocate RK Anand, the candidate the INLD and the Congress were rooting for, lost the election and the BJP-backed Independent candidate, media baron Subhash Chandra, won the election. The Congress, the INLD and the BJP had hit out at each other, alleging conspiracy. Abhay Chautala had sent a complaint to chief election commissioner (CEC) Nasim Zaidi on September 16, demanding registration of FIR in the case.
The EC order will not have any immediate impact on Subhash Chandra’s election. The June 11 election for two RS seats has already been challenged by RK Anand in the Punjab and Haryana high court. The court had issued notice to Chandra, Union minister Birender Singh and Nandal.
It may be recalled that Birender Singh got 40 votes in the 90-member House. As 14 votes were declared invalid, he needed only 26 votes to win. His 14 votes got transferred to Subhash Chandra, who had secured only 15 votes, taking his total votes to 29. On the other hand, Anand had secured 21 votes.
Abhay Chautala told reporters said his role as an opposition leader was to highlight the wrong on the part of BJP and Congress MLAs who were part of the conspiracy. “As for the EC order’s impact on the election of Subhash Chandra, the matter is in the court. It is for the government and police to book the accused,’’ he said.
NOTHING UNFAIR HAPPENED: NANDAL
Haryana Vidhan Sabha secretary RK Nandal said the RS election was fair and held strictly as per the norms. “The entire process was videographed and held in the presence of representatives of the EC – chief electoral officer and others. They were there right from beginning and till the declaration of the result. I am open any query or probe,” he said.