UP Rajya Sabha polls: Nomination rejected, lawyer alleges legal conspiracy, asks EC to carry outcomes

Written by Asad Rehman
| Lucknow |

November 2, 2020 2:08:04 am

UP rajya sabha polls, Prakash Bajaj, Prakash Bajaj nomination rejected, UP rajya sabha candidates, UP rajya sabha elections, Indian expressBacked by SP, Prakash Bajaj filed nomination as 11th candidate.

Varanasi-based lawyer Prakash Bajaj, whose nomination as an Independent candidate for the Rajya Sabha election was cancelled on “technical scrutiny”, has written to the Chief Election Commissioner of India alleging conspiracy by Returning Officer (RO) Ashok Kumar with a motive to assist the candidature of BSP candidate Ramji Gautam.

Seeking an “inquiry into the legal acts dedicated by the RO in connivance with different officers”, Bajaj, who was backed by the Samajwadi Party, has urged the Election Commission (EC) to withhold the declaration of the Rajya Sabha outcomes pending the inquiry.

The election to the 10 Rajya Sabha seats from Uttar Pradesh took a dramatic flip final Monday when Bajaj, backed by the Samajwadi Party, filed the nomination because the eleventh candidate, thereby opening the competition.

Before he had filed his nomination papers, 10 candidates had been within the fray – eight from the BJP, one from SP and one from BSP.

With every candidate requiring votes of 37 MLAs to win, the BJP with 304 MLAs fielded eight candidates, the Samajwadi Party with 48 MLAs fielded one candidate, whereas the BSP with simply 18 MLAs took all abruptly when it additionally fielded its candidate.

After Bajaj filed his nomination papers as an Independent on the final day of submitting of nominations, there was a revolt within the BSP camp with seven of its MLAs publicly opposing the social gathering candidate after assembly SP chief Akhilesh Yadav. However, by late night, the RO declared that Bajaj’s nomination paper was rejected throughout scrutiny.

In his letter to the EC, Bajaj mentioned, “As required, I’ve filed the nomination in two units with the prescribed type of affidavit, licensed copy of my voter listing and Rs 10,000 on 27th October 2020 at 2.50 pm. The details averred within the current grievance can even be clear from video footage of the method…”

Bajaj has connected two pictures which he claims “clearly exhibiting two units of nomination papers on the desk of the Returning Officer”. He says the types had been duly obtained by the RO.

He alleged that the RO didn’t present receipts for the nomination types – pink and inexperienced — and the prescribed safety cash “regardless of repeated requests on the time of submission”. Bajaj alleged that this was accomplished by the RO to “as part of legal conspiracy to have an effect on the end result of the election”.

He alleged that on the morning of October 28, the RO refused to have obtained the pink nomination type. “He completely refused the identical by falsely stating that I’ve submitted just one inexperienced nomination type…” learn the grievance by Bajaj.

According to him, throughout the scrutiny of nomination types later within the day, the RO “alleged that one of many proposers in inexperienced type (was) inadvertently talked about Nawab Shah as an alternative of Nawab Jan”.

“It additionally got here to our discover that in Part III of inexperienced type to be crammed by RO, the identify of candidate which RO famous as PRAKASH BAJPAI as an alternative of the right identify as PRAKASH BAJAJ… The entire conspiracy of eradicating pink type and writing the mistaken identify of candidate by RO in inexperienced type uncovered the complete legal conspiracy,” Bajaj complained.

Bajaj mentioned that regardless of his requests, he was not given a chance to rectify the identify of proposer. “Our request to deliver the proposer for bodily verification was additionally not acceded by RO. In this fashion our requests when it comes to Representation of People Act was unlawfully not accepted by RO…” the grievance said.

In a separate part in his grievance, Bajaj has mentioned that it was alleged (by the RO) that the handle of the candidate in inexperienced type and election card had been completely different.

“(This) was not tenable because the handle within the election card was written in brief as a consequence of house constraint and detailed handle was talked about within the inexperienced type. All the residents of mentioned locality had related brief addresses written within the election card and the mentioned objection was frivolous…”, Bajaj mentioned.

According to him, he filed an in depth submission with respect to objections raised by different candidates/proposer earlier than four pm. “There was a dialogue between RO and the observer concerning the timing of the passing the order. There had been two completely different views, the place one was saying to go the order by 11 am by the following day whereas the opposite was insisting that we will go the order by 7:30 pm on the identical day,” learn his grievance which alleged that the “RO declined to debate something with us”.

“Around four pm on October 28, the RO mentioned that his order concerning the problem is prepared. I had filed my reply at four pm. How may half his order be already ready once I had simply filed my reply? It means there was a conspiracy… He had time to announce the order November 2. But he introduced at 7.30 pm the identical day. They have murdered democracy by cancelling my nomination and never permitting an election,” Bajaj informed The Indian Express.

Ashok Kumar, who can be particular secretary for UP Vidhan Sabha, mentioned that he would reply to Bajaj’s allegation to the EC when requested to take action. “When the EC asks me to provide a reply on the matter, I’ll achieve this. I can solely reply to his allegations when his grievance is available in entrance of me on document. In a democracy, he has the correct to precise himself. When the EC asks me, I’ll reply,” Kumar mentioned.

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