The Hindu : National : Pakistan national's nomination rejected

Online edition of India's National Newspaper
Wednesday, Apr 14, 2004

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Pakistan national's nomination rejected

JAMMU, APRIL 13. The Election Commission today rejected the nomination of a Pakistani national, who filed his papers as a Samajwadi Janata Party candidate for the Jammu Lok Sabha constituency going to elections on April 20. The Returning Officer, Naveen Chaudhary, said Zulfikar Ali had been disqualified as his name was not on the electoral rolls and he was not a citizen of India. According to the State Chief Electoral Officer, B.L. Nimesh, one Mohammad Naseem Khan had lodged a complaint on Monday alleging that Mr. Ali was a Pakistani national and produced a copy of the electoral roll in support of his complaint.

The CEO sought a report on it from the Deputy Commissioner, Poonch, who, after a probe, submitted that Mr. Ali's name was not on the roll and he was not a citizen of India. The findings were forwarded to the Returning Officer, who on its basis sent his report to the Election Commission. The Commission directed the Returning Officer to re-scrutinise Mr. Ali's papers and if it was not order, to redraw the contestants list. — PTI

`Deprived of my rights'

Our Jammu Staff Reporter writes:

The contest for the Jammu-Poonch Lok Sabha seat took an interesting turn today when it was known that a candidate was a resident of Pakistan occupied Kashmir (PoK). His family had come to India on Pakistan passports and given visa for a specific time-frame.

Twentyseven candidates are in the fray for the seat and the election is on April 20.

Zulfikar Ali Rahat filed his nomination papers as a Samajwadi Janata Party (SJP) candidate headed by the former Prime Minister, Chandra Shekhar. Inquiries were conducted following the receipt of a complaint by the Returning Officer. Investigations showed that before 1947 Zulfikar's family owned 125 acres of land in Salwa village of Mendhar area of Poonch district, situated on this side of the Line of Control.

Later, the family migrated to the Kotli area of Pakistan occupied Kashmir in 1947-48 and the family kept on crossing the Line of Control illegally several times.

In 1983, Fakarddin (father of Zulfikar), wife, five daughters and four sons, including Zulfikar came to India on Pakistan passports to re-claim the ancestral land and started living here.

Apparently, the family came here to re-claim its land at a time when a resettlement bill was introduced by the State Government in the Legislative Assembly, according to which State citizens who had gone the other side of the Line of Control or even Pakistan before May 14, 1954 could come back and re-claim their lands. Four years ago, the Jammu and Kashmir High Court rejected the petition of the family of Fakkarddin that they should be granted Indian citizen and later their names were struck off the electoral rolls.

But the 29-year old candidate strongly defends his position. He says, "I have studied in various parts of the country and it is my right to contest the polls. This is a conspiracy to deprive me of my democratic right to contest the elections."

The candidate possesses the Permanent Resident Certificate a compulsory document in the State.

Talking to The Hindu, the Deputy Commissioner , Poonch Altaf Hussein, who conducted the investigations said that "legally he (Zulfikar) is not an Indian citizen and he filed his nomination papers as per the electoral rolls of 1995. We are also taking back his Permanent Resident Certificate".

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