The Hindu : National : Chapra re-election was ordered on merits: EC

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Thursday, May 12, 2005

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National

Chapra re-election was ordered on merits: EC

J. Venkatesan

"Even poll personnel connived with one party or the other"

"The Commission strongly condemns and deprecates the malpractices and rigging indulged in by the candidates"

NEW DELHI: The Election Commission has asserted that the decision to countermand the elections in the Chapra Lok Sabha constituency in Bihar last year was a "collective decision on merits" and not on any extraneous consideration.

Authoritative Commission sources told The Hindu that the charges levelled by senior IAS officer L.V. Saptharishi that the two Commissioners, B.B. Tandon and N. Gopalaswamy, had countermanded the elections in Chapra (where Railway Minister and RJD leader Lalu Prasad was a candidate) at the instance of the then Home Minister, L.K. Advani, was "baseless."

Explaining the sequence of events, the sources said that initially Mr. Saptharishi was sent as Special Observer. In his report, he had recommended repolling in 89 polling stations and said: "There is perhaps no overwhelming ground for countermanding of the poll in the constituency as a whole."

However, since reports from other sources indicated that there was large-scale violence and booth-capturing, an inquiry team, comprising Anand Kumar, Principal Secretary-cum-Director, and K.J. Rao, Adviser, was sent for an on-the spot assessment.

After meeting the contesting candidates and after the scrutiny of Form 17 A (Voters Registers), the team in its report held that "we are of the considered view that the poll taken on April 26, 2004 was not free and fair and was vitiated by booth-capturing at a large number of polling stations in the six Assembly segments of Chapra constituency."

The report said: "A fresh poll could provide an opportunity to all the candidates, political parties to prove their true support as well as to the electorate to exercise their franchise in a free and fair manner."

Thereafter, the sources said, the Full Commission considered the report of the inquiry team and that of the Returning Officer and passed an order stating that the report revealed a very shocking state of affairs where even the polling personnel connived with one party or the other to rig the poll in their favour. They were apparently so overawed that they did not take courage to report the true facts in their reports and diaries and became a party to the silent rigging with their connivance.

"The Commission strongly condemns and deprecates the malpractices and rigging indulged in by the candidates and their supporters, undermining the democratic process of election," the order said.

Uncalled for

Sources said that in the light of this factual position, to attribute any motive to the two Commissioners on "caste considerations" was uncalled for. The purpose of the three Commissioners, including Chief Commissioner T.S. Krishnamurthy, meeting President A.P.J. Kalam on Monday was to put the record straight and that Mr. Kalam was satisfied with the explanation given by the Commission and its bona fides in ordering the repoll in Chapra.

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