Earlier than the election to the Rajya Sabha seat from Haryana, Unbiased candidate R Ok Anand stated he had the numbers — the Congress and INLD, Om Prakash Chautala’s social gathering, formally supported the veteran lawyer. However when the poll field was opened, Anand was shocked. A violet sketch pen was blamed for his debacle. Subhash Chandra, a media baron, emerged victorious as 14 votes of the Congress have been rejected as a result of the MLAs had used the fallacious marker. Anand now says he’ll file an FIR in Chandigarh in opposition to Chandra for what he calls a “legal” plot to defeat him. Excerpts from an interview:
You say a legal plot defeated you, what’s the “legal” factor?
One, introduction of a fallacious pen is dishonest. By doing so, you induced Congress MLAs to solid their vote utilizing the fallacious pen. So, Part 420 is relevant right here. Marking the doc with a fallacious pen turned the doc right into a false be aware. That’s an offence underneath Part 463. Critical offences have been dedicated, violating sections of the Illustration of the Individuals Act.
The place is the proof that the pen was swapped?
There are movies. Why did 13 MLAs vote with one pen? I can perceive one marking with pink, yellow or blue or a ball pen or ink pen. However how have been all marked with one fallacious pen? Who introduced it there, who eliminated it? We all know when the fallacious pen started for use and the way Jaiprakash, Unbiased MLA, entered the room and the pen was corrected. He used the traditional EC pen. How is it doable? Jai Parkash is near Bhupinder Singh Hooda. I repeat, I do know just one factor —- when the fallacious pen was sneaked in and when it was withdrawn.
However no one can say with authority that pens have been swapped?
Sure, I agree. However the EC will certainly study the sample of voting. And the sample of rejected poll papers. The EC will discover that Aseem Goel, BJP MLA, remained within the room for too lengthy. He took an unusually very long time to solid his vote. To mark the poll, one wants half a minute. He spent 5 minutes. He was Quantity 93. After him, from Quantity 94 (Renuka Bishnoi) to Quantity 106 (Jagbir Singh Malik), all voted with the fallacious pen and have been marked invalid. At Quantity 104, Hooda voted however his paper was clean and due to this fact invalid. All of the sudden, from 107, the votes have been legitimate. Because of this somebody modified the pen after 93 after which modified it once more after 107 to permit votes for Subhash Chandra. There was a conspiracy to defeat me they usually needed Chandra elected.
Who was behind it?
The BJP, Aseem Goel, Subhash Chandra and Jai Prakash. It’s a easy story. In the identical room two pens have been discovered. Some poll papers have been rejected for utilizing the fallacious markers and others weren’t. Let the EC discover out who modified the pen, when and why.
What are your choices?
I’ll go to the EC. I’ll file an FIR. Subhash Chandra obtained elected as a result of my votes have been rejected. So, subsequent time should you don’t have votes within the RS election, you’ll be able to nonetheless guarantee your victory by plotting in order that the winner’s votes get rejected. It’s a fraud on democracy, a subversion of the election course of.
However Congressmen weren’t precisely able to vote for you within the first place. Why ought to Hooda and his MLAs offer you their votes?
You might be proper if you say they weren’t politically with me, however that they had extra issues with the INLD. They presumed I’m a part of the INLD. However I declare that I’m a Congressman from day one. I fought Mrs Indira Gandhi’s case. I used to be with Mrs Gandhi in her case in opposition to Maneka Gandhi. I’ve dealt with Rajiv Gandhi’s case and Soniaji’s case. I used to be a lawyer in P V Narasimha Rao’s instances, too.
On this case you satisfied solely Sonia Gandhi. That doesn’t imply Hooda ought to enable you?
That could be appropriate. It’s between Mrs Gandhi and Haryana leaders to determine… There are Congressmen whose votes have been discovered legitimate. Barring Hooda, all Congressmen voted for me. Their marking was fallacious however they marked appropriately in opposition to my identify.
Why ought to Hooda vote for you and injury his politics in opposition to INLD?
It’s not a query of voting for me or not. The query earlier than the Congress was, who’s their larger enemy? BJP or INLD? At a private degree, who ought to Congressmen select, Subhash Chandra or R Ok Anand? Subhash Chandra is Subhash Chandra! He is without doubt one of the largest enemies of the Congress. I’m not in any respect an enemy of the Congress.
Looking back do you assume it could have been higher should you had cajoled the MLAs whose votes you needed? As an alternative of Sonia or Rahul Gandhi, ought to you’ve gotten gone to Hooda?
I do know Hooda. I’m not unknown to him. I went to see him as nicely.
Did he conform to vote?
I had 18 votes of the INLD. I wanted lower than 12 votes. Even with 10 Congress votes, I may have gained. In truth, with each events supporting me, I had extra votes than I wanted. There was no query of me shedding the election. I agree Hooda had not agreed to vote for me. However greater than 10 different Congressmen voted for me. All people is just not underneath Hooda. All people has their very own profession. With out the excessive command, they’d not have been MLAs. The excessive command took the choice to help me. Congressmen voted for me, however their votes have been rejected on technical floor of the marker.
Why did Sonia Gandhi conform to help your candidature?
I satisfied her. I confirmed her my place. I had votes of the INLD. Why permit a free hand to Subhash Chandra, who’s enemy No. 1? He’s blasting you all over the place on a regular basis. You will need to perceive one factor. Chautala was a part of the NDA. It’s I who introduced again Chautala to the Congress fold. It’s not a simple process. For the Congress, I used to be getting two votes of the INLD in Rajya Sabha and two in Lok Sabha, too, if I had gained.
In your view, Subhash Chandra’s election to RS and your defeat is just not last?
It needs to be put aside. Altering of pen is a legal offence. Interval. He can not get into the Rajya Sabha.
However the EC has restricted powers within the matter. As soon as he’s declared elected, there may be not a lot the EC or you are able to do.
I agree that the EC’s powers are restricted. However they’ve put aside elections in Karnataka and Tamil Nadu for a lot smaller offences. They’ve used extraordinary powers. This case is extra obtrusive. It’s a case the place election equipment — poll papers and pen — is misused and abused to get entry into the Rajya Sabha.
What’s the most important proof you’ve gotten immediately?
It speaks for itself. Can all poll papers that have been rejected be marked with one pen except the pen is modified?