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| Dr Kamal’s nomination hangs in balance | | Ruling NC goes in `crises management mood’ as RO reserves orders | | Early Times Report
Srinagar, Apr 21- The ruling National Conference has gone into `crises management mood’ as Dr Mustafa Kamal, party candidate for Hazratbal assembly constituency, is facing the threat of rejection of nomination papers for want of requisite formalities. The constituency will go for bye-polls on May 7 along with parliamentary elections for Srinagar constituency.
Well informed sources said that Sheikh Mustafa Kamal, the real brother of NC patron and former chief minister Dr Farooq Abdullah, was found short of requisite authority letter from his party, which attracts the provision for disqualification provided in the Representation of Peoples Act.
Preferring anonymity, sources said that when the nomination papers for all the candidate for Hazratbal constituency were opened for scrutiny by the Returning Officer, Assistant Commissioner Shahnawaz Bukhari, on Monday, some of the candidates pointed out that Kamal was not having the authority letter accompanying the nomination form.
The lacuna, which though was not deliberate, created panic in the National Conference camp and senior party leaders immediately started consulting some legal luminaries of the state.
The other candidate including Peoples Democratic Party (PDP) candidate Asiea Naqash pressed that the nomination papers of Dr Kamal should be rejected at the outset. The both sides reportedly exchanged heated arguments for over two hours and there was complete chaos in the office of the Returning Officer, sources said.
Amid the chaos and confusion the Returning Officer has reserved his judgment over the matter, which also sparked off controversy. “The Returning Officer after hearing the arguments reserved his orders, which is again in violation of the provisions of the Act”, sources said.
Peoples Democratic Party has taken strong exception of it and decided to approach Election Commission in this regard, a senior party leader said. He claimed that the lawyer representing party candidate had explained all the provisions to the RO, whereby he is duty bound to announce his decision over the matter on the same day. Quoting Section 44 of RP Act and some Supreme Court judgments, the PDP leader said that the issue can not be delayed and RO is duty bound to reject the nomination paper of such candidate on the spot.
While is the issue is likely to generate more heat in next few days, the main irony for the National Conference was that neither there was any `covering candidate’ fielded by the party nor there was any chance of Dr Kamal contesting as independent candidate. “As per the Section 33 of RP Act there is requirement of one elector of the constituency as proposer for the candidates of recognized political parties, whereas the independent candidates need at least 10 proposers”, sources said adding, “Dr Kamal has only one proposer on his nomination forum which has blocked his chance to contest as independent candidate”.
Amid threat of rejection of nomination papers, senior party leaders including Law and Finance minister Abdul Rahim Rather have gone in crises management mode and have been consulting some legal luminaries of the country so as to come out of the problem.
It is pertinent to mention here that Hazratbal Assembly constituency is set to go to Bye-polls on May 7 along with Srinagar Parliamentary constituency
This Assembly constituency was won by Dr. Farooq Abdullah in 2008 when he defeated his nearest rival Ms. Asiea of PDP. However, after his election to the Rajya Sabha, Dr Abdullah resigned from the constituency thus paving way for the bye-elections.
The Hazratbal constituency has been represented all along by NC since 1952 till 2002. While Peer Yehya Shah Sadiqi won in 1957, 1962, and 1967 elections, Sofi Ghulam Ahmed won in 1972. Hissam-ud-Din Banday was elected in 1977 and 1983 elections from this constituency. This constituency was represented by Mohammad Yaseen Shah in 1987 and Mohammad Syed Akhoon in 1996 respectively. In 2002 Mohammad Syed Akhoon again won the seat on NC ticket.
Parliamentary Elections 2009
EC asks electors to produce EPICs for voting to avoid impersonation
Also notifies 18 other alternative documents for identification on polling days
Jammu, Apr 21 -With a view to preventing impersonation of electors at the General Election to the Lok Sabha and at the Bye-elections to Jammu & Kashmir Legislative Assembly 2009, the Election Commission has directed that the electors of all the Parliamentary constituencies and the electors of Hazratbal, Sonawar and Bhaderwah Assembly constituencies shall have to produce for their identification the Elector's Photo Identity Card (EPIC) issued to them when they come to the polling stations for voting at the said General Election/Bye-elections.
Polling in the second phase of five-phased Lok Sabha elections will be held on April 23 in Udhampur Parliamentary constituency spread over six district of Kishtwar, Doda, Ramban, Reasi, Udhampur and Kathua. Bye-poll for Bhaderwah Assembly seat will also be held the same day.
The Election Commission has further directed that the electors, who have not yet obtained their EPICs, will have to establish their identity by producing any of following alternative documents which include Passports, Driving Licences, Income Tax Identity (PAN) Cards, Service Identity Cards issued to its employees by State/Central Government, Public Sector Undertakings, Local Bodies or other Private Industrial Houses, Bank/Kisan/Post Office Passbooks (Accounts, opened on or before February 28, 2009), Student Identity Cards issued by Recognized Educational Institutions on or before February 28, 2009, Property Documents such as Pattas, Registered Deeds etc, Ration Cards issued on or before February 28, 2009, SC/ST/OBC Certificates issued by competent Authority on or before February 28, 2009, Pension Documents such as ex-servicemen's Pension Book/Pension Payment Order, ex-service men's Widow /Dependent Certificates Old Age Pension Order and Widow Pension Order, Railway identification Cards, Freedom Fighter Identity Cards, Arms Licenses issued on or before February 28, 2009, Certificate of Physical Handicap by Competent Authority issued on or before February 28, 2009, Identity Cards issued on or before February 28, 2009 by the Police to the persons residing in border areas, NREGA Job cards issued in J&K State on or before February 28, 2009, Multi-Purpose National Identity cards issued on or before February 28, 2009, Permanent Resident Certificate issued on or before February 28, 2009.
The Election Commission has further clarified that any document, as enumerated above, which is available only for the Head of Family, shall be allowed for the purpose of identification of other members of the family. Similarly, any document in the name of any other member of the family could also be used for identification of other members, provided the other members can be identified on the basis of such documents. It is necessary that the member of the family in whose name the document is issued, identifies the other members personally by himself/herself, the EC adds.
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