Constitutional experts have questioned the delay in raising objections regarding the procedures followed during to the recently held Rajya Sabha elections in Haryana.
Independent candidate RK Anand had approached the Election Commission claiming that someone had changed the original pen provided by officials with another one during the RS elections in Haryana held on June 11. However,
former Advisor to EC, KJ Rao, has now asked why was the issue raised three days post the results were declared.
RK Anand, backed by INLD and Congress, was defeated by Independent candidate and Essel Group Chairman Dr Subhash Chandra. “After the Returning Officer has declared the result once, two to five minutes are provided for any one to raise objections. After this period, the results are declared. Once the results are declared, the Election Commission doesn’t interfere in it. A plea has to be made to challenge the result. However, in this case, there was no objection during the day of elections nor after the counting. Even after the results were announced there was no objection raised until two days. On the third day, it was alleged that the the pen was changed. What was the reason for the delay?,” Rao said. Rao further added, “If someone was aware of such an incident, why wasn’t the returning officer intimated? EC should have been informed too so that they could have stopped it from happening. This is not right that you keep quiet for two days after the results are declared to raise an objection. I think too much time was taken.” Congress had earlier demanded countermanding of the election to both the Rajya Sabha seats.
Eminent Constitutional Expert Subhash Kashyap said that after the results are declared, objections can only be raised in the court. “As far as the Constitution is concerned, after the election process is over, role of the EC is over too. Constitution says that after the elections, the results can be challenged in the court by petition.
Article 324 of the Constitution of India says that if there is an issue raised during the election process, the EC has complete rights over it, but not after the results are declared. It can be challenged in the court.
What is happening in the realms of politics, how the candidates or parties are reacting to it, is not something I want to comment upon. It is purely politics,” Kashyap said.
Disclaimer: DMCL, that owns the dna newspaper, has conflict of interest in the story as Dr Subhash Chandra is former chairman of the Zee Group, of which DMCL is part of.