Press Briefing Monday, 13 Apr 2009

Dr. Abhishek Singhvi addressed the media today.


The BJP seems to have made a virtue of a series of honourable violations of the law committed by its candidates and leaders over the past many years. From the venomous utterances of the stalwarts like Pravin Togadia and Narendra Modi to the recent spiteful remarks of new-comers like Varun Gandhi, the BJP has many dubious distinctions to its credit. Following in the line of these barefaced communal and divisive accolades is the conduct of its candidates and leaders during the current elections. Some examples follow :


(A). BJP Candidate from Davanagere Siphoned-off Funds

We are not making a legal argument here. We are and will fight the legal battle separately. But, what is of concern is the incessant dubious and unsavoury conduct of the BJP and its candidates. G.M. Siddeshwara, BJP Candidate from Davanagere Lok Sabha Constituency, Karnataka has devised a convoluted stratagem to siphon-off the MP Local Area Development Scheme (MPLADS) funds received for his constituency from the Central Government. Siddeshwara is the Chairman of a Trust called “Srishyla Educational Trust”, which is his family Trust. The Trustees are his mother, wife and children. This runs an institution named in the memory of Siddeshwara’s father, Late G. Mallikarjunappa (also a BJP MP) called “G. Mallikarjunappa Institute of Technology” of which Siddeshwara himself is the Chairman and his family members are on the Managing Committee. The Institute is actually an alter-ego of Siddeshwara and an extension of his family. Under the MPLADS, each MP can suggest to the District Collector of his constituency, works to the tune of Rs. 2 Crores per annum to be undertaken in that constituency. Such funds are released from the Central Government’s budgetary allocation and such works have to be implemented through some government department or a non-governmental organization which, in the opinion of the District Collector, is capable of “implementing” the same satisfactorily. Siddeshwara recommended an amount of Rs. 77,50,000.00 (rupees seventy seven lacs fifty thousand only) for the years 2007-08 and 2008-09 for the purpose of construction of Bus Shelters and some buildings in Davanagere City. Using his influence over the District Collector, he got his own institute, “G. Mallikarjunappa Institute of Technology”, appointed as the implementing agency for the said works and got the works executed through the Institute. But, what does an educational institution have to do with construction of bus shelters ? No one has an answer.

Siddeshwara wanted to get the works contract for himself. However, this would have directly disqualified him from membership of Parliament under Section 9A of the Representation of the People Act which says that a person shall be disqualified if, and so long as, there subsists a contract entered into by him with the Government for supply of goods or execution of works. Therefore, in a clear attempt to dodge the process of law, he devised a subterfuge. He got the contract awarded to his institute. On paper, it is an institution executing the contract but actually it is the MP without whose orders, the institution does not move an inch. The Legal & Human Rights Department of the AICC has filed a formal complaint with the Election Commission (EC) urging the EC to “lift the veil” of incorporation and see who the man behind the institution is.



(B). Bellary Administration running at the Whims of BJP Ministers: 28000 Bogus names added to Voters’ List and Black Money from Illegal Mining rampant

District Administration in Bellary Parliamentary constituency in Karnataka is running the affairs of the forthcoming election at the whims and fancies of the three Ministers hailing from that district. The district authorities, including the police, are under the complete control of these BJP Ministers who are literally dictating terms to every officer from the District Collector to the last officer down in the hierarchy. These Ministers are G. Janardhan Reddy, B. Sriramulu and G. Karunakar Reddy. Despite several violations of the Model Code of Conduct and the other law in force having been brought to the notice of the District Collector and other officers, no action whatsoever has ever been initiated. Some instances of illegalities being brazenly perpetuated in the district are as under :

1. There has been massive and large-scale manipulation of electoral rolls and names of about 28000 bogus voters have been incorporated (at least 11000 of these are admittedly bogus). Despite repeated complaints, no serious efforts have been made to eliminate these bogus votes. The administration claims to have carried out a purported exercise to weed out these bogus votes but the same was a mere eyewash as no more than 50 cases per day were investigated out of the total admitted number of 100 bogus names of voters. At this speed it will take 560 days to investigate 28000 voters and 220 days to investigate even the admitted 11000 voters.

2. These Ministers are indulging in illegal mining and encroachments of mineral-bearing areas resulting in unlawful generation of black-money. Despite repeated complaints to the district administration and wide-spread media reports, no action has been taken by any authority whatsoever. These ministers audaciously continue with their illegal activities with the active help of the District administration. The wealth of one single Minister, Janardhan Reddy alone has translated into two personal helicopters ad numerous luxury cars.

3. Despite strict statutory prohibition in this regard, in a patent breach of the Model Code of Conduct as well as other law in force, Ministers hailing from this district recently used thousands of pigeons to launch the campaign of the BJP candidate from the constituency while the District Administration watched as a silent spectator.

4. On the informal directions of these ministers, the district police is making false arrests and registering false complaints against those who dare to protest against their illegal activities, especially SCs and STs.. These ministers are using the police machinery to terrify these protestors and pressurize them into refraining from making complaints against these rampant violations in the District.

This list is not exhaustive but only indicative of the kind of violations that are being freely allowed by the District Administration in Bellary. The administrative machinery has become an alter-ego of these ministers and, thus, there is no hope of elections being conducted in a free and fair manner in this district unless the administrative machinery is completely overhauled. The Legal & Human Rights Department of AICC has, therefore, requested the Election Commission to immediately transfer the District Collector, Senior Superintendent of Police, District Forest Officer and all other senior officers of District Bellary and to post upright, non-aligned and apolitical officers in the District. AICC has also sought appointment of strong and high-ranking additional special observers for the District.


(C). Returning Officers in BJP-Ruled States under Influence


1. In Karnataka, candidate’s Nomination allowed to be withdrawn even before acceptance

Returning Officer of the Raichur Constituency in BJP-Ruled Karnataka has allowed the BJP Candidate, Raja Amaresh Nayak to withdraw his nomination even before publishing the list of validly nominated candidates and, in his place, has accepted the nomination of a substitute candidate, S. Fakirappa. It is well-settled that only a valid nomination may be withdrawn. There is no question of withdrawing a nomination which has not yet been accepted and declared as valid in the list of validly nominated candidates published pursuant to a proper scrutiny. In the present case, the Returning Officer has accepted the withdrawal of the nomination of BJP Candidate Raja Amaresh Nayak during the scrutiny and even before publishing the list of validly nominated candidates. The withdrawal is, therefore, patently violative of the provisions of Sections 37 and 30 (c) of the Representation of the People Act 1951. Consequently, the acceptance of nomination of the substitute
candidate, Shri S. Fakirappa, is also bad in law. The manner in which the RO has exercised his powers speaks a lot about the influence of BJP on poll conducting officers who are supposed to be independent and neutral. AICC Legal & Human Rights Department has lodged a strong protest with the Election Commission and has called for rejection of the substitute nomination.



2. In Gujarat, Returning Officer accepts nomination on the face of a contrary Supreme Court Judgment

The Hon’ble Supreme Court of India has clearly laid down that omission to mention name of the constituency in the nomination paper is an omission of a substantial nature which cannot be ignored or got rectified by the Returning Officer. Such defect is fatal in nature and must result in rejection of the candidate’s nomination. In the face of the SC’s authoritative ruling in this regard, the Election Officer of Kutchh Parliamentary Constituency has on 10.04.2009 decided that that omission to mention name of the constituency in the nomination paper is NOT an omission of a substantial nature and can be cured. Despite the said omission made by BJP Candidate, Punamben Jat Veljibhai, the Election Officer has accepted her nomination and held that the defect is not substantial and is one that can be cured. AICC Legal & Human Rights Department has asked the EC to direct all Returning Officers to ensure that all judgments of Courts cited before them are given due respect and followed in letter and spirit.

This is the dubious record of the BJP – a history of scant regard for Constitutional and statutory authorities, of deliberate violations of election laws, of breach of propriety of deliberate, divisive and misleading politics. Is a party with such a “distinguished” record an alternative before us? These are the incessant violators and non-performers who deserve stinging rejection by the people of this country. We have not doubt that the people will teach such hypocritical pretenders and preachers the correct lesson which only an aware electorate can teach.



(Tom Vadakkan)

Secretary, AICC