However, the BJP has gone one step further than most in perhaps foreclosing the possibility of the result going any other way. In the Cabinet expansion held last week, one of the ministers inducted was the BJP’s candidate for the Karanpur seat election, Surendra Pal Singh T T, who took oath as Minister of State (Independent charge).
While it is routine for non-legislators to be included as ministers, with the condition that they get elected within six months, for this to be extended to a candidate in the middle of an election process is rare. The Karanpur poll is due on January 5, and the appointment has happened when the model code of conduct is already in place, a fact that the Congress has raised. The result will be declared on January 8.
What is the row about?
Almost a month after the Rajasthan election results were declared, and 15 days after naming Bhajan Lal Sharma as Chief Minister and two Deputy CMs, the BJP finally swore in a Council of Ministers last week. Among the 22 names was Surendra Pal, a three-time MLA who was in the race from Karanpur constituency in Sri Ganganagar district, for which elections were adjourned on November 15 after the Congress candidate’s death.
The BJP renominated him for the election to be held on January 5. The Congress candidate is Kunnar’s son Rupinder Singh.
The Congress has approached the Election Commission, accusing the ruling BJP of trying to influence the poll results by making Surendra Pal a minister ahead of the elections.
What is the Congress argument?
Senior Congress leaders point out that the BJP’s message to the public is clear – that if they elect Pal, they are assured of a minister as their MLA, and of the benefits of this that can accrue to them.
The Congress – whose hopes of making it a tight contest in Rajasthan were belied, with the party finishing with 69 seats against the BJP’s 115– has been banking on sympathy wave arising from the death of Kunnar, to win Karanpur.
Criticising the BJP for making Pal a minister, state Congress chief Govind Singh Dotasra said: “The BJP doesn’t abide by the Constitution or law, or hear the voice of the Republic. It is a testimony of its pride that despite the code of conduct being in place in Karanpur, it made TT take oath as MoS.”
On Sunday, Dotasra, accompanied by Congress leaders Raghu Sharma and Sanyam Lodha, met the EC and submitted a memorandum against Pal being made a minister, terming it a violation of Clause 32 of the model code of conduct. They demanded that Pal be disqualified from contesting.
What rules have been cited by the Congress?
The Congress has cited the following provisions of the model code of conduct:
“ From the time elections are announced by the Commission, Ministers and other authorities shall not –
(a) announce any financial grants in any form or promises thereof; or
(b) (except civil servants) lay foundation stones etc of projects or schemes of any kind; or
(c) make any promise of construction of roads, provision of drinking water facilities etc; or
(d) make any ad-hoc appointments in government, public undertakings etc which may have the effect of influencing the voters in favour of the party in power”.
The Congress’s memorandum to the EC, State Election Officer and District Election Officer, Sri Ganganagar, states: “The appointment of a candidate as minister is in utter disregard of the basic principles of elections, where an equal level play field is the essence. The Election Commission is duty bound (to) the conduct of free and fair elections.”
While the EC is yet to release any official statement on the issue, former legal advisor to the poll panel S K Mendiratta said: “In by-elections, the model code of conduct applies only in relation to matters pertaining to the constituency / district concerned, not all general matters of governance.”
Has Surendra Pal Singh T T been a minister before?
Surendra Pal was a minister in past BJP governments led by Vasundhara Raje. He and the late Congress MLA Kunnar have alternatively won the Karanpur constituency since 1998.
What has been the BJP’s response?
The BJP has rubbished the Congress allegations saying there is difference between a government job and a ministerial post, and that the oath taken by Surendra Pal as MoS was according to the provisions of the Constitution.
“Under the provisions contained in Article 164 (4) of the Constitution, any person can hold the post of a minister for six months without being elected,” senior BJP leader Rajendra Rathore argued. The oath taken by Pal was not in violation of “any kind of model code of conduct”, he added. “Dozens of ministers contested elections while holding ministerial posts in the previous government as well.”
Surendra Pal Singh TT takes oath as Cabinet minister at Raj Bhawan in Jaipur on Saturday. (Express Photo: Rohit Jain Paras) 
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