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EC directs Delhi Police to file FIR against Gautam Gambhir for holding rally without permission

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Gautam Gambhir joins BJP

[vc_row][vc_column][vc_column_text]The Election Commission has asked the Delhi Police to register an FIR against Bharatiya Janata Party (BJP) leader Gautam Gambhir for violating the Model Code of Conduct after he reportedly held a public meeting without permission.

East Delhi Electoral Officer K Mahesh on Saturday asked Delhi Police to register an FIR against Gautam Gambhir for rallying without permission from the commission in Jungpura on April 26.

Gautam Gambhir is BJP’s candidate from the East Delhi constituency.

Earlier, Gambhir landed in a controversy after AAP leader Atishi filed a complaint against the former cricketer and BJP candidate Gautam Gambhir for allegedly enrolling as a voter in more than one constituency in violation of the Representation of the People Act (RPA).

Atishi also addressed a press conference to disclose the details of her complaint. She took to the Twitter too to state that Gambhir committed a “disqualifiable offence”.

She also urged voters not to vote for the BJP candidate, saying he would be “disqualified sooner or later for having two Voter ID cards!”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_raw_html]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[/vc_raw_html][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The AAP candidate submitted that as per Section 17 of The Representation of the People Act, 1950, no person can be enrolled as a voter in more than one constituency and doing so is a criminal offence punishable with imprisonment up to one year or a fine, or both.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1556362837741{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #dbdbdb !important;border-radius: 10px !important;}”]Sections 17 and 31 of the said Act are reproduced below:

“17. No person to be registered in more than one constituency.— No person shall be entitled to be registered in the electoral roll for more than one constituency. […]

  1. Making false declarations.—If any person makes in connection with— (a) the preparation, revision or correction of an electoral roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.”

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Atishi claimed that despite the law, Gambhir continues to provide false information and declarations to authorities like the Election Commission of India, in order to remain enrolled as a voter in two constituencies.

‘Gambhir concealed the fact that he is registered in two constituencies’

She claimed that in his nomination filed at the district magistrate’s office in Shastri Nagar, on April 23, Gambhir concealed the fact that he is registered in the two constituencies “perhaps because he feared that the same would disqualify him from contesting elections”.

“By only submitting the electoral roll of only AC-39, Rajinder Nagar in PC-04, New DelGambhi, NCT of Delhi, the accused deliberately gave false information to the Returning Officer that he is enrolled from only a single constituency,” the affidavit stated.

Also Read: Lok Sabha Election 2019 will witness actor, boxer, singer, and cricketer contesting polls from Delhi

She also submitted a copy of Gambhir’s affidavit in which he has stated that he is a “resident of 6B/8, N.E.A., Old Rajinder Nagar, New Delhi 110070” and that his “name is enrolled in AC-39, Rajinder nagar in PC-04, New Delhi, NCT of Delhi, at serial No. 285 in Part No. 43.”

`Wilful, deliberate acts make Gambhir liable for criminal prosecution’

Atishi insisted that “these wilful and deliberate acts of the accused during the nomination and scrutiny process are a blatant violation of 5 Sections 33 and 33A of The Representation of the People Act, 1951, and he is liable for criminal prosecution under Section 125A of The Representation of the People Act, 1951.”

Her affidavit elaborated, “Section 33 of the said Act imposes requirements on candidates to file nomination papers and in cases where a candidate is contesting in a constituency other than where they are registered to vote, to also disclose proof of voter registration at the time of scrutiny by the Returning Officer. Further Section 33A of the said Act requires candidates to file accompanying affidavits inter alia verifying information provided in nomination papers.”

Also Read: Bollywood actor Sunny Deol joins BJP in presence of Nirmala Sitharaman and Piyush Goyal

As for Section 125A of The RPI ACT, it stated that this section “makes it a criminal offence to conceal information or provide false information in the Nomination Paper and Affidavit filed in terms of Sections 33 and 33A of the same Act.”

The court will be hearing the plea against Gautam Gambhir on May 1.

(With Inputs from ‘The Wire’)[/vc_column_text][/vc_column][/vc_row]

India News

Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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