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Oath, Allegations & A Deadline: EC Vs Rahul Gandhi Battle Inches Towards September 1 Climax

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Amidst the political battle, the deadline for the Bihar voter to get enrolled is fast approaching and a total of 7.24 crore electors have submitted their enumeration forms so far

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The confrontation between two Constitutional position holders---the CEC and the LoP---if seen from the Baahubali lens, doesn't augur well for Mahishmati that is India’s democracy. (PTI)

The confrontation between two Constitutional position holders—the CEC and the LoP—if seen from the Baahubali lens, doesn’t augur well for Mahishmati that is India’s democracy. (PTI)

Vigil Lens

“Mera vachan hi mera Shaasan hai…”— Top Election Commission of India (ECI) officials quoted a dialogue from the blockbuster film Baahubali soon after Rahul Gandhi’s press conference on August 7 to emphasise that the Congress leader seemed to draw inspiration from the popular film.

The Chief Election Officer (CEO) of Karnataka had asked Gandhi to give an affidavit on oath, substantiating his allegations of “Vote Chori”. However, the LoP rejected the notice then and there. “I am a public representative. This is EC data, not my data. Whatever I say in public should be treated as on oath,” he said.

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However, on Sunday, Chief Election Commissioner Gyanesh Kumar set the record straight—Vachan cannot be Shaasan in real life. “Give an affidavit or apologise, there is no third option,” the CEC said.

The confrontation between two Constitutional position holders—the CEC and the LoP—if seen from the Baahubali lens, doesn’t augur well for Mahishmati that is India’s democracy.

A Rare Press Conference

The Election Commission usually holds a press conference to announce poll dates. But this one, first by CEC Gyanesh Kumar, was not just a departure from the past, but also coincided with Gandhi’s ‘Voter Adhikar Yatra’, setting the stage for real-time ‘Tu, Tu-Main, Main’ which Constitutional authorities usually avoid.

So, was ECI’s hand forced by Opposition’s “fear mongering and misinformation”?

The Opposition is now threatening to bring an impeachment motion against Kumar, proving that the breakdown of trust is complete.

What Does EC Say?

ECI says it is sticking to the rule book. Rule 20 of The Registration of Electors Rule, 1960, deals with Inquiry into Claims and Objections. In his press conference on Sunday, Kumar cited sub-rule 3(b) that says: “The registration officer may in his discretion require that the evidence tendered by any person shall be given on oath and administer that oath for that purpose.”

The discretion, in this case, was exercised by the Karnataka CEO when he asked for Gandhi’s oath. It was reiterated by CEC when, without naming Gandhi, he said: “If accusations are made against 1,50,000 people, then should all the voters be given notices without any evidence? You have to give an affidavit or apologise to the nation.”

He further toughened the EC’s position by setting a deadline. “If within seven days an affidavit is not given, then it means the allegations are wrong.”

The EC also pointed out that rules allow an election petition within 45 days of polls. The Congress, in spite of its allegations in Maharashtra and Karnataka, has failed to follow this deadline.

Different Yardsticks?

The Congress has made it clear that no affidavit will be given. They have the support of other INDIA bloc members too.

Samajwadi Party chief Akhilesh Yadav posted on X: “The Election Commission, which is saying that it has not received the affidavits submitted by the Samajwadi Party in Uttar Pradesh, should check the acknowledgement issued by its own office as proof of receipt of our affidavits. This time we demand that the Election Commission give an affidavit that the digital receipt sent to us is correct, otherwise along with the ‘Election Commission’, ‘Digital India’ will also come under suspicion.”

The Samajwadi Party has been alleging that the party had submitted 18,000 affidavits on “vote chori” but the poll body had not acted.

BJP leader Anurag Thakur too has raised questions about voter discrepancies in Wayanad, Rae Bareilly, and Diamond Harbour. Kannauj BJP MLA Aseem Arun has alleged that voter names in his constituency have been wrongly deleted. Together, these make the case for a transparent and credible Special Intensive Revision (SIR) much stronger.

But Bihar SIR too is mired in allegations of partisanship. The Opposition alleges that objections filed by them in phase 2 of SIR are not being acknowledged by EC. However, the daily bulletin shows zero claims or objections by political parties.

EC officials say most objections are not in correct format or filed in bulk so they are being treated separately. There is only a “graded response” answer to questions about why Rahul Gandhi has been asked for an affidavit and not Thakur. The BJP argues that Thakur did not raise a “dual vote” or “vote chori” charge like Gandhi. But when EC’s neutrality is under scanner, the nuances get lost.

Amidst the political battle, the deadline for the Bihar voter to get enrolled is fast approaching. A total of 7.24 crore electors have submitted their enumeration forms, but it is unclear how many have manged to give their supporting documents.

The Opposition is also training its guns on ECI on the issue of dead voters. Did 22 lakh people die between Lok Sabha polls and SIR? Or were the records of 22 lakh not updated in the Lok Sabha voter list? The Opposition questions that if the latter is true, how does one believe that the Lok Sabha polls were fair?

The EC, after a nudge from the Supreme Court, has put out on the web a searchable list of 65 lakh voters who have been left out of the draft voter list. The poll body has renewed its commitment of not leaving behind a single eligible voter. Leaders like Tejashwi Yadav have reiterated that the Opposition will not allow even one Bihari’s vote to be snatched away.

Together, can the two sides work in tandem to implement these commitments in reality? They have time till September 1.

About the Author

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Arunima

Arunima is Editor (Home Affairs) and covers strategic, security and political affairs. From the Ukraine-Russia War to the India-China stand-off in Ladakh to India-Pak clashes, she has reported from ground zero …Read More

Arunima is Editor (Home Affairs) and covers strategic, security and political affairs. From the Ukraine-Russia War to the India-China stand-off in Ladakh to India-Pak clashes, she has reported from ground zero … Read More

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