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| Election Petition against Azad, Farooq and Ors. | | | Early Times Report
Jammu, May 19: Bhim Singh concludes argument "Three notifications to elect four RS members from J&K waqs a fraud by ECI" In a petition filed by Harsh Dev Singh, MLA and Leader of the Panthers Legislature Party challenging elecrtions of Ghulam Nabi Azad, Dr. Farooq Abdullah, Prof. Saifuddin Soz and Mohd. Shafi to Rajya Sabha, Prof. Bhim Singh, Sr. Advocate, Supreme Court of India concluded arguments before the single bench comprising Justice J.P. Singh of J&K High Court at Jammu.
Prof. Bhim Singh in his arguments submitted that the Election Commission of India played fraud on the Constitution by holding three separate elections for the four Rajya Sabha Members from J&K with a mala-fide designs to benefit the ruling parties and deprive the opposition of the benefit of the Constitution. He said that all the four Rajya Sabha MPs were elected on the same day, for a period of six years and by the same MLAs of J&K by different notifications issued on the same date i.e. 27th February, 2009. The Panthers Party described the issuance of three separate notifications by the Election Commission was against the conduct of Election Rules as well as the very spirit of Article 80 (4) of the Constitution of India which provides that election to the Rajya Sabha shall be held by the single transferable vote by the members of the Assembly. He cited an example that the Election Commission of India issued one notification to hold election for three Rajya Sabha members from Kerala the same day whereas for Jammu and Kashmir Election Commission under the dictates of the Congress leadership as has been happening with the people of J&K. The Election Commission in two separate notifications held election for a single member which would require 44 votes out of 87 to win. In third notification Election Commission of India chose to hold election for two Rajya Sabha members which would require 29 votes for each member. He, in his arguments, submitted that it is a clear mathematical proposition that the winning member would require only 18 votes (18 MLAs) in case there were only one notification issued by the Election Commission of India. Had there been one notification to elect four Rajya Sabha members, the combined opposition would have won two seats in the Rajya Sabha. He submitted that three notifications were issued in utter violation of the constitutional mandate and the object to hold election to the Rajya Sabha through transferable vote. He submitted that even in case of third notification, the Returning Officer played fraud on the constitutional provision by declaring both the National Conference candidates as Rajya Sabha members. The Panthers Party has challenged that election of two NC members in a separate petition which the court shall take after the vacation.
Prof. Bhim Singh concluding his arguments submitted that the people of Jammu Pradesh have been subjected to discrimination since 1947 and this is a living example of constitutional violation depriving the people of Jammu of their constitutional right to represent their people in the Rajya Sabha.
He said all the four members elected belong to Kashmiri ethnic society and the ruling parties have been responsible for discrimination, injustice and denial of political rights to the people of Jammu. He said that the three Rajya Sabha members retired on 29th November, 2008 and fourth had already retired on 25th November. On 27th January when notification was issued there were four clear vacancies to be filled for a period of six years. Holding election of four R.S. members through different notifications on the same day, same time, by the same MLAs and for the period of six years cannot be justified by any stretch of imagination. |
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