Premium
This is an archive article published on August 23, 2002

For first time, crime CVs must for all candidates

Jammu and Kashmir becomes the first state where candidates will have to file not one but two separate affidavits on their criminal anteceden...

.

Jammu and Kashmir becomes the first state where candidates will have to file not one but two separate affidavits on their criminal antecedents thanks to a bungling in an ordinance issued by the state government on August 16.

The ordinance, meant to pre-empt the Election Commission’s order of June 28 mandating disclosure of even assets and liabilities of candidates, required candidates to disclose their conviction, strangely, in only those cases which do not attract disqualification, that is those cases not covered by Section 24 of the Jammu and Kashmir Representation of the People Act 1957.

As per this provision, those who have been convicted and sentenced for not less than two years are debarred from contesting.

Story continues below this ad

So the exclusion of this category by the ordinance meant that returning officers would have no means of getting information from candidates about the cases that attract disqualification. This is because the ordinance also bars the candidates from giving any information other than what is specifically required by it.

The anomaly created by the ordinance came to light two days ago when the EC asked the J&K Government to undo the damage.

But since there is no provision to amend an ordinance, the Government was forced to find some other way of making amends for this error.

So it changed the Conduct of Election Rules yesterday to introduce the other affidavit the candidates will have to file along with their nomination form and the affidavit prescribed by the ordinance.

Story continues below this ad

In this second affidavit, the candidates are specifically required to disclose details of the cases where they have been sentenced for at least two years.

Thus, while the affidavit prescribed by the ordinance will only serve the purpose of informing voters about the criminal antecedents of the candidate concerned, the second affidavit hastily introduced yesterday under the guise of amending rules forms the basis on which he may be disqualified from contesting.

Apart from this anomaly, the J&K election will also be the first one where candidates throughout the state will be disclosing information about pending cases where charges have been framed for offences punishable with imprisonment of two years or more.

Besides, on the pattern of an ordinance the Centre proposes to promulgate, the J&K ordinance seeks to overrule the EC’s order on the issue of assets and liabilities of candidates.

Story continues below this ad

The state ordinance exempts the candidates from disclosing any such information at the time of filing their nominations. It requires only the winning candidates to disclose their financial details to the Speaker of the Assembly within 90 days of their election.

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement