RS poll: EC order not to have bearing on result

Sushil Manav

Tribune News Service

Chandigarh, September 28

The EC order regarding registration of an FIR and disciplinary action against those responsible for the ‘ink row’ will not have any bearing on the outcome of the June 11 Rajya Sabha poll, which saw BJP-supported media tycoon Subhash Chandra defeating RK Anand.

Legal experts maintain that only an election petition before the Punjab and Haryana High Court can declare the result invalid.

“Once a returning officer has declared a candidate winner in an election, it cannot be declared null and void by any other means except by a High Court in an election petition,” said Sukhbir Singh Hooda, a senior advocate in the Punjab and Haryana High Court.

Advocate Ashish Rana, an elected member of the Bar Council of India (BCI), said the orders of the Election Commission might not have any direct bearing on the result, but would serve as strong evidence in favour of Anand in an election petition.

“The fact that the Election Commission has found gross irregularities in the conduct of poll and gone to the extent of indicting the returning officer and ordering lodging of an FIR makes Anand’s case stronger before the court,” said Ashish Rana.

Anand has already moved an election petition before the High Court and notices have already been issued to both Chandra and Birender Singh, who were declared elected in the Rajya Sabha poll held on June 11.

In his petition, Anand had submitted that he had learnt through reliable sources that Chandra had met the RO at the Vidhan Sabha in presence of several people a day before the elections. 

Anand had also alleged the official pen was removed from the polling area in a clandestine and dishonest manner to sabotage the poll.