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Journalism of Courage
Citing sections of the Representation of People Act, Election officials in Rampur have passed an order for removal of senior Samajwadi Party leader Azam Khan’s name from the electoral roll. The action came after BJP leader and Azam’s rival Akash Saxena lodged a complaint on Wednesday with the Election Registration Officer (ERO), seeking removal of Khan’s name from the electoral roll in Rampur Assembly constituency.
Azam’s seat was vacated and a bypoll was announced for the seat on December 5 after he was convicted in a 2019 hate speech case by the Rampur MP/MLA court.
The ERO, who passed an order on November 11 for removal of Khan’s name, has cited sections of the Representation of People Act, 1950, saying that Khan’s conviction in the 2019 hate speech case on October 27 is one of grounds for his name to be removed from the electoral roll.
Khan was convicted in a hate speech case lodged on April 9, 2019 under IPC Sections 153-A (promoting enmity between different groups) and 505(1) (publishing or circulating any statement, rumour or report), as well as Section 125 (promoting enmity between classes in connection with elections) of the Representation of the People Act. He was sentenced to three years in prison and fined Rs 6,000 by the Rampur MP/MLA court.
The order by the ERO cites the MP/MLA conviction order on October 27, which had said, “In the case, the accused is an experienced and educated politician who has held the post of Cabinet minister multiple times. His speeches have a special effect on the people. While giving the said speech, the accused was an MLA… Despite all this, the words used by the accused in his speech and with his intention, it comes under the category of inflammatory, hate speech for dividing society and to disrespect the government and the administration… and to disturb peace among people.”
The order, passed on November 11, then goes on to say that “this observation of the honourable court comes under the category of corrupt conduct during elections” and hence falls under the Section 16 (1) of the Representation of People Act, 1950.
Section 16 (1) of the Representation of People Act, 1950 says “a person shall be disqualified for registration in an electoral roll if he is not a citizen of India; or is of unsound mind and stands so declared by a competent court; or is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections”.
The order also mentioned that the application filed by Khan seeking a stay on his conviction from the Rampur MP/MLA court was rejected by the Sessions court, and hence the order of the MP/MLA court convicting Khan is still effective. “From the date of his conviction, he is disqualified,” says the order.
“…as per rules, his membership of the Vidhan Sabha has been ended and he cannot file his nomination as a candidate in the election,” says the order.
The order then goes on to quote section 16 (2) of Representation of People Act, 1950, which says, “The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included.”
The ERO order says that since Khan has been disqualified from his membership of the Vidhan Sabha, his name should be struck off from the voter list in the constituency.
The ERO order also cites chapter IV of the Representation of People Act, 1951, which deals with “Disqualifications for Voting” in elections.
The chapter reads, “Disqualification arising out of conviction and corrupt practices.— If any person, after the commencement of this Act,— is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act.
In Azam’s case, he was convicted under section 125 of the Representation of People Act, and hence his case was deemed fit by the ERO for removal of his name from the electoral roll. In case a person is found disqualified after coming under the purview of chapter IV of the Representation of People Act, 1951, he or she will be disqualified from voting at any election for a period of six years from the date of conviction.
In a similar case, BJP MLA from Muzaffarnagar’s Khatauli seat Vikram Saini was recently disqualified after his conviction in a Muzaffarnagar riots case. While an order for removal of Azam’s name has been passed by the ERO, similar action is pending against Saini. Contacted by The Indian Express, Muzaffarnagar District Magistrate Chandra Bhushan Singh said, “We have received a complaint regarding this issue (removal of Saini’s name). The action has to be taken from the Election Commission like it was in Rampur.”
Uttar Pradesh Additional Chief Electoral Officer Chandra Shekhar said, “The call (regarding the removal of Saini’s name from electoral roll) will be taken by the Election Commission. There are some specific sections under which if a person is convicted, then their name is removed from the voter list. The name of not every person who is convicted for more than two years is removed from the electoral roll.”
