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| "Cash-for-vote" rumours galore as LC poll fever grips political parties | | "Rule 38 of J&K Election Law has provision to identify MLAs who defect" | | Bharat Bhushan
JAMMU, Apr 11: As things have really hot up with only two days to go before legislative council polls here, there is a strong rumour going around that "some" MLAs were being approached by rich candidates who could afford to buy them.
Though every political party was trying to keep its flock together and had even issued whips yet all were apprehensive of a "possible" defection by some disgruntled MLAs, who were unhappy with the choice of candidates.
A source in law department, however, claimed that rule 38 of the J&K Election Law had the provision to identify any MLA who defected.The very integrity of democracy would be in peril if the cash-for-vote scam crept into the state politics too, a senior Congress leader said.
The NC-Congress combine has fielded five candidates for the April 13 LC polls to six vacant seats. A total of 12 candidates of different political parties, including PDP, JKNPP and BJP are in fray.The biennial elections to three seats each from Kashmir and Jammu were necessitated as the sitting members would retire on April 19. The members are: Altaf Ahmad Wani, Showkat Hussain Ganai and Abdul Wani Vakil (all from Kashmir) and Rashid Qureshi, Jahangir and Trilochan Singh Wazir (all from Jammu province). A rich candidate, contesting the vital Jammu seat against Yashpal Khajuria of Congress with the support of an opposition party, was said to be holding parleys with independents and MLAs of other political parties to seek their support.
He is partner of a BJP leader in real estate business. A top real estate developer of Greater Kailash area and some police officers were also supporting him.In the Hous of 89 MLAs, NC has 29, Congress 21, PDP 21, BJP 11 and JKNPP 3. The remaining four MLAs included Charanjit Singh, Namgyal, Ghulam Hassan Mir and Hakim Yasin.
While Charanjit and Namgyal were NC allies, Mir was a minister from Congress quota. Yasin too was "closely" associated with Congress. So, their votes were likely to go to the coalition candidates. This means the coalition would have a total of 54 votes.
Since the coalition has fieled two candidates from Jammu, each candidate gets a share of 27 votes. The opposition would need 28 votes to win which was possible only if PDP, BJP and JKNPP unite.
But going by their ideologies, chances of their joining hands were remote. If BJP and JKNPP come in support of PDP, they would lose their public face in Jammu region as both claim to be pro-Jammu, while PDP's stance has throughout been more pro-Kashmir.If any of the JKNPP, or BJP MLAs defected, both the parties would find it hard to face the Jammu people. BJP MLAs admitted that their tally had risen from one to 11 in the state assembly because of their active role in the Bhum-Bhum Bholey agitation over Amarnath land row. Now, if any of them defected in favour of PDP, or the PDP-supported candidate, the party was sure to land in trouble.
The Congress here is divided in two factions. At least four MLAs of one faction were said to be unhappy over the choice of candidates of the other faction.
PCC president Saifudin Soz said his flock was united. He also held a meeting of party MLAs, including ministers, at party headquarters today. If his flock really remained united, Congress candidate Yashpal Khajuria would get 27 votes. But his win was possible only if MLAs of other political parties strictly adhered to their party whips and voted in favour of their candidates.
If Khajuria gets all the 27 votes (which is possible if no Congress MLA defects), PDP-supported candidate would need only seven more votes to defeat him. That was possible only if some MLAs of other political parties defected in his favour.
A top intelligence official said some MLAs of non-PDP parties had also called on a PDP veteran. What exactly transpired between them was not known, but their meeting at this juncture spoke of their possible combination, he added.
Meanwhile, some MLAs held the opinion that whip was applicable only inside Assembly or Parliament, but not outside where only party discipline worked. This compelled the authorities concerned to seek legal advice to find out if it was a deliberate attempt to confuse MLAs over party whips.
The law department source said officials of law department and state election commission were trying to find out if rule 38 of the J&K Election Law could help in stopping MLAs from defecting.
The rule reads as: 1) Every ballot paper before it is issued to an elector, and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as EC may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer.
2) At the time of issuing a ballot paper to an elector, the polling officer shall
a) record on its counterfoil the electoral roll No of the elector as entered in the marked copy of the electoral roll; b) obtain signature, or thumb impression of that elector on the said counterfoil; and c) mark the name of the elector in the marked copy of electoral roll to indicate that a ballot paper has been issued to him without, however, recording therein the serial No of the ballot paper issued to that elector.Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper.The source said if the anti-defection law could not stop a member from defecting in favour of the other party, it was reduntant and needed amendments to make it effective. |
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