Armed with MLAs’ affidavits, Anand to move court

Aditi Tandon

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Tribune News Service

New Delhi, June 21

The Congress and INLD-backed Independent nominee for the recent Rajya Sabha elections from Haryana RK Anand is all set to move court armed with affidavits from Congress lawmakers who have stated on oath that they voted for him using the pen kept in the state Assembly’s voting compartment by the Election Commission of India representative.

Congress Legislature Party leader in Haryana Kiran Choudhry today told The Tribune that party lawmakers had submitted their affidavits for pursuance of the matter in the Election Commission and the court. “We have received all affidavits from MLAs,” Choudhry said, adding that these will help Anand lead the evidence in the case in the High Court.

The thinking in the Congress is that the EC may not be in a position to do much in the matter except conduct a fact-finding inquiry to determine how 12 Congress votes cast in Anand’s favour were invalidated on account of the use of a pen different from the one the Election Commission had prescribed.

The Congress has moved the EC, alleging BJP’s hand in the change of pen on June 11, the election day, and is accusing the ruling Manohar Lal Khattar government in Haryana of perpetuating a fraud on the Congress MLAs.

Under the current law, the ECI cannot cancel an election after the results have been declared and notified as was done in the RS polls in Haryana, where two seats were filled by BJP candidates Birender Singh and Subhash Chandra.

“There has never been a precedent of cancellation of an election by the ECI after the notification of results. But the ECI can treat the Haryana matter as a test case to revisit rules and lay down fresh ones by cancelling the election. We are, meanwhile, also considering the court option,” said a Congress leader privy to developments.

The Congress has, however, decided that Anand, the wronged candidate, will file the election petition in court.

While the 12 Congress MLAs, whose votes were cancelled on account of the ink controversy, submitted their affidavits today in Anand’s favour, they privately asked why Anand, a noted lawyer, had not recorded any objection to the cancellation of votes in his favour at the time of the counting.

The Congress MLAs are also asking where were the party-appointed observers and the CLP leader at the time of the counting.

“When the votes were counted and the conspiracy revealed, our people were not present. RK Anand, the candidate, well aware of the law, also didn’t object. We voted for him and are now being made to sign affidavits in a futile exercise. The point is why were initial options of redress not exhausted,” asked a senior Haryana Congress MLA who has signed the affidavit for Anand.

Some Congress lawmakers have also told Anand that they would stand by their affidavits in court only if he took similar affidavits from all INLD lawmakers.

What the affidavit says

I, hereby, declare that I was an elector in the election to the Council of States from Haryana and had cast my vote in favour of RK Anand as per the directives of the party. I used the pen which was placed there by the Election Commission of India.