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This is an archive article published on June 10, 2016

Poll panel refuses to cancel Rajya Sabha polls in Karnataka

Says not enough proof of bribery, but orders FIR against Independent MLA, will write to Centre for CBI probeof bribery.

New Delhi: Chief Election Commissioner, Nasim Zaidi announces the schedule for assembly polls in five states, including West Bengal and Tamil Nadu at a press conference, in New Delhi on Friday. PTI Photo by Vijay Verma (PTI3_4_2016_000110A) CEC Nasim Zaidi and his colleague A K Joti were not convinced about revoking elections after reviewing the factual report sent by the Karnataka CEO

The Election Commission of India on Thursday decided against countermanding Rajya Sabha polls in Karnataka on the ground that the sting videos did not present enough evidence to support the charges of bribery. Polls for the four seats will be held, as scheduled, on Saturday.

The poll panel, however, ordered that the Returning Officer file an FIR against Independent MLA Mallikarjuna Khuba under the relevant provisions of the Prevention of Corruption Act, 1988, for openly demanding money for his vote. It will also write to the central government to initiate a CBI probe into the matter “so that all those who may be involved in such nefarious activities are exposed and duly punished under the law”.

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On Thursday evening, Chief Election Commissioner Nasim Zaidi and his colleague A K Joti met to review the factual report sent by the Karnataka Chief Electoral Officer on the sting videos that purportedly showed some MLAs of JD(S), Congress and a few Independent legislators, including Khuba, being offered bribes for their votes. The two top officers, however, were not convinced about revoking the elections in the state.

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The decision comes as a shot in the arm for the incumbent Congress party and the main opposition, BJP, both of whom did not want any change in the election schedule. Janata Dal (Secular), led by former prime minister H D Deve Gowda, had demanded that the polls be cancelled. There are five contenders for the four seats, including Union Commerce Minister Nirmala Sitharaman and senior Congress leaders Jairam Ramesh and Oscar Fernandes.

READ | Controversy over Karnataka RS polls is an opportunity to bring in crucial electoral reforms

Justifying its decision to not rescind the elections, the EC, in its seven-page order, observed that although Khuba is allegedly seen seeking bribe for his vote, “there is no sufficient evidence on record to show whether any money really changed hands and whether any MLA, in fact, received any such illegal monetary inducement from any candidate or political party”. Moreover, the poll panel felt it would be too harsh to punish the whole Assembly of 224 members for an illegal act or misdemeanour of one of its members.

The EC order also stated that the demands being made for deferment or countermanding of the Karnataka poll by drawing an analogy with the rescinding of the Rajya Sabha elections in Jharkhand in 2012 are unfair as the facts of latter case were completely different. “In that case, the allegations of bribery of voters were corroborated by the seizure of Rs 2.15 crore in cash from the car belonging to one of the contesting candidates on the date of poll itself, which was intended to be used for bribing of voters. In the present case, there is no evidence, nor even an allegation, that any money has in fact been paid or received to any elector as bribe for his vote,” it said.

Ritika Chopra, an award-winning journalist with over 17 years of experience, serves as the Chief of the National Bureau (Govt) and National Education Editor at The Indian Express in New Delhi. In her current role, she oversees the newspaper's coverage of government policies and education. Ritika closely tracks the Union Government, focusing on the politically sensitive Election Commission of India and the Education Ministry, and has authored investigative stories that have prompted government responses. Ritika joined The Indian Express in 2015. Previously, she was part of the political bureau at The Economic Times, India’s largest financial daily. Her journalism career began in Kolkata, her birthplace, with the Hindustan Times in 2006 as an intern, before moving to Delhi in 2007. Since then, she has been reporting from the capital on politics, education, social sectors, and the Election Commission of India. ... Read More

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