NEW DELHI: The chief electoral officers of Maharashtra and Haryana on Sunday sent fresh letters to Leader of the Opposition Rahul Gandhi, giving him 10 days to furnish a signed declaration with particulars of electors he alleged were fraudulently added, so that necessary proceedings may be initiated.
Karnataka CEO too sent a notice to Rahul on Sunday, citing Mahadevapura voter Shakun Rani’s denial of his claim at a recent press conference that she had voted twice from Mahadevapura AC in 2024 Lok Sabha polls. The Congress leader was requested him to provide the documents based on which he had reached the conclusion, so that a detailed inquiry could be held.
“On inquiry, Smt Shakun Rani (the voter in question) had stated that she has voted only once and not twice, as alleged by you. Preliminary inquiry conducted by this office also reveals that the tick-marked document shown by you in the presentation is not a document issued by the polling officer," the CEO said in a letter sent to the Leader of the Opposition in Lok Sabha.
The Election Commission, in wake of the Karnataka CEO’s latest letter to Rahul, once again asked him to submit a timely response. “He should either file the declaration/oath under Rules 20(3)b of the Registration of Electors Act 1960 or apologise to the nation for making baseless allegation against EC,” said an EC functionary.
Sources said if Rahul does not furnish a declaration, his claims cannot be investigated since the law requires evidence by any person (who is not a voter in that particular constituency himself) to be tendered on oath.
If Rahul were to furnish an oath and the evidence and it is found to be fabricated or false, Section 227 and 229 of the Bharatiya Nyaya Sanhita (BNS) (giving false evidence) shall kick in; the section provides for jail term up to three years and, if this false evidence is repeated in court, it invites jail up to seven years. Also, making false allegations in connection with preparation, revision or correction of electoral roll or inclusion/exclusion of any entry in electoral roll, is punishable with imprisonment up to one year under Section 31 of the Representation of the People Act, 1950.
Meanwhile, EC sources on Sunday told TOI that the alleged polling records shown by Rahul as “EC data” with 'tick marks' against Shakun Rani's name, appear fabricated, as such records form part of Form 17A maintained and retained by the polling officer. Access to Form 17A is limited to authorised EC officials and these are not shared with the political parties. The parties' polling agents do get polling records but in Form 17C, which do not contain the voters' photographs. Form 17A is only produced before the court when sought in any judicial proceeding.
Flashing a "forged document" at a press conference could spell legal consequences for Rahul as he may face an FIR for violation of Section 337 of the Bharatiya Nyaya Sanhita (BNS) 2023, which provides for jail term up to seven years for forging a govt-issued ID like voter identity card or a register maintained by a public servant. Also being in possession of such forged documents is a criminal offence under Section 339 of BNS, also punishable with imprisonment that can extend to seven years.
EC sources said the Karnataka CEO is yet to receive any documents cited by Rahul at last week's press conference to allege 'massive voter fraud' in the state's Mahadevapura AC.
Rahul Gandhi had, in his presentation at the press conference, displayed Shakun Rani's voter details in the electoral roll "obtained through RTI from EC ERO login" and the "BLA-marked electoral roll", and claimed in his remarks that the polling officer had ticked against her ID card twice, recording her duplicate votes. Interestingly, the role of a political party's booth level agent (BLA) is limited to activities concerning the electoral roll; it's the polling agents who represent the party and their candidates in the polling station are their polling agents.
Karnataka CEO too sent a notice to Rahul on Sunday, citing Mahadevapura voter Shakun Rani’s denial of his claim at a recent press conference that she had voted twice from Mahadevapura AC in 2024 Lok Sabha polls. The Congress leader was requested him to provide the documents based on which he had reached the conclusion, so that a detailed inquiry could be held.
“On inquiry, Smt Shakun Rani (the voter in question) had stated that she has voted only once and not twice, as alleged by you. Preliminary inquiry conducted by this office also reveals that the tick-marked document shown by you in the presentation is not a document issued by the polling officer," the CEO said in a letter sent to the Leader of the Opposition in Lok Sabha.
The Election Commission, in wake of the Karnataka CEO’s latest letter to Rahul, once again asked him to submit a timely response. “He should either file the declaration/oath under Rules 20(3)b of the Registration of Electors Act 1960 or apologise to the nation for making baseless allegation against EC,” said an EC functionary.
Sources said if Rahul does not furnish a declaration, his claims cannot be investigated since the law requires evidence by any person (who is not a voter in that particular constituency himself) to be tendered on oath.
If Rahul were to furnish an oath and the evidence and it is found to be fabricated or false, Section 227 and 229 of the Bharatiya Nyaya Sanhita (BNS) (giving false evidence) shall kick in; the section provides for jail term up to three years and, if this false evidence is repeated in court, it invites jail up to seven years. Also, making false allegations in connection with preparation, revision or correction of electoral roll or inclusion/exclusion of any entry in electoral roll, is punishable with imprisonment up to one year under Section 31 of the Representation of the People Act, 1950.
Meanwhile, EC sources on Sunday told TOI that the alleged polling records shown by Rahul as “EC data” with 'tick marks' against Shakun Rani's name, appear fabricated, as such records form part of Form 17A maintained and retained by the polling officer. Access to Form 17A is limited to authorised EC officials and these are not shared with the political parties. The parties' polling agents do get polling records but in Form 17C, which do not contain the voters' photographs. Form 17A is only produced before the court when sought in any judicial proceeding.
Flashing a "forged document" at a press conference could spell legal consequences for Rahul as he may face an FIR for violation of Section 337 of the Bharatiya Nyaya Sanhita (BNS) 2023, which provides for jail term up to seven years for forging a govt-issued ID like voter identity card or a register maintained by a public servant. Also being in possession of such forged documents is a criminal offence under Section 339 of BNS, also punishable with imprisonment that can extend to seven years.
EC sources said the Karnataka CEO is yet to receive any documents cited by Rahul at last week's press conference to allege 'massive voter fraud' in the state's Mahadevapura AC.
Rahul Gandhi had, in his presentation at the press conference, displayed Shakun Rani's voter details in the electoral roll "obtained through RTI from EC ERO login" and the "BLA-marked electoral roll", and claimed in his remarks that the polling officer had ticked against her ID card twice, recording her duplicate votes. Interestingly, the role of a political party's booth level agent (BLA) is limited to activities concerning the electoral roll; it's the polling agents who represent the party and their candidates in the polling station are their polling agents.
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