RS polls: 12 MLAs under scanner; FIR registered

CHANDIGARH: Twelve Haryana MLAs, who had cast their

votes

during the Rajya Sabha biennial election from serial number 94 to 106 have come under the scanner of Chandigarh Police, who have sought details, including all 110 serial ballot papers, and all relevant records from Haryana assembly, after lodging an

FIR

against unknown persons on Thursday. The FIR under relevant sections was registered at the Sector 3 police station.

A senior officer told TOI: "It had been established in the police investigation -- conducted on the complaint of defeated Congress candidate R K Anand -- that the ink/pen was changed from serial number 94, and it remained changed till serial number 106. After serial number 106, the pen was the same, which was being used by the MLA prior to serial number 94." The officer said the UT police was bound not to register a direct FIR, because the suspects were elected MLAs, and the consent of Haryana zssembly speaker was necessary. Anand had filed a complaint to Chandigarh Police on June 16.

The investigation was conducted by DIG (UT) AS Cheema. According to information, about 13 votes were declared invalid, and one of the 13 was invalid because the MLA had shown the ballot paper to the public.

On September 28, Election Commission of India (ECI) instructed CEO Haryana to register an FIR under sections 129, 134, 136 (I) (b), 136 (I) (f) and 136 (I) (g) (all related to electoral offences) of the Representation of People Act and Section 120B (criminal conspiracy), 171C, 171F (interference with election process), 378, 379, (theft) 415 (cheating), 425, 426 (mischief) 463, 464, 465, 467, 468 (forgery) of IPC. The ECI instructed that the FIR be filed against persons on election duty or otherwise, whose conduct resulted in the alleged change of pen/ink, leading to rejection of 12 ballot papers. They can be identified and booked under the law.

Further indicting RK Nandal, secretary, state assembly, ECI observed that he was overall in -charge of election related activities inside the polling station for

RS polls

, and there was a serious case of lack of supervisory control and negligence in performance of duty, as an unauthorized pen was used for marking 12 ballot papers, which led to their rejection. Nandal has also been indicted for concealment of material facts related to change of authorized pen during the election process from the commission.