The Congress suffered a humiliating defeat in the recently-concluded Hisar by-polls. But did Team Anna play have a role to play in this? And more importantly can the Congress take legal action against Arvind Kejriwal for campaiging against the party. Sheela Bhatt finds out
Did Team Anna member and Right to Information activist Arvind Kejriwal commit a criminal office when he appealed to Hisar voters not to vote for the Congress in the by-polls?
Chief Election Commissioner S Y Quraishi believes that this is not a legal issue, but can be an ethical one. He told rediff.com, " It's (Kejriwal's stand in Hisar) an ethical and propriety issue. But, I don't see it as an infringement of an election law." He said that so far, his office had not received any complaint against Kejriwal.
However, Union Home Minister P Chidambaram has reportedly been seeking legal advice over Kejriwal's daring political campaign in Hisar following which Congress candidate Jai Prakash lost his security deposit.
Kejriwal's campaign was one of the contributing factors behind the victory of Haryana Janhit Congress-Bharatiya Janata Party alliance candidate Kuldeep Bishnoi.
According to sources in the government, a former election commissioner has advised Chidambaram that under Section 171/A and 171/C of the Indian Penal Code Kejriwal can be prosecuted. Section 171/A deals with a candidate's definition and voters electoral rights and Section 171/C deals with undue influence in elections. It says, "Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election."
It also says that if anyone "threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or if anyone induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or of spiritual censure then that person shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter."
Moreover, Kejriwal's bold act of entering a political minefield of electoral campaigning has shocked parties and their supporters, as well. The Congress thinks that if India Against Corruption volunteers' campaign continues in Uttar Pradesh it may pose more trouble for the party.
Former election commissioner N Gopalswami told rediff.com, "I do not think any legal case against Kejriwal can be made out. In 2008, one party who had no candidates in election wanted to campaign against another party in Karnataka. The local administration said they would not give permission to campaign. The matter had come to me and I had ruled that they couldn't be denied their right to campaign against any other political parties."
"I had stuck to the law. Unless anybody physically prevents voters to vote or not vote or says something that induces them only then it's an offence," he added.
Citing an example, Gopalaswami said, "You can't tell voter that if you vote for the Congress or the Bharatiya Janata Party Vaishno Devi will be displeased or that you will commit sin if you vote for A or B party. That's a clear case of violation of law."
According to Quraishi, if Kejriwal had said don't vote for the Congress party but vote for X or Y party then the EC could have accounted him for election expenditure. He thinks, prima facie, no offence is being committed by Kejriwal.
The Kejriwal camp thinks that if at all the home ministry goes ahead to file a case against him it would benefit the activist. This will become a case study for an important political debate necessary in electoral politics, feel IAC volunteers.
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