Submission of False affidavit in contesting municipal election
Subject : Submission of false affidavit in the Dankuni Municipal Election 2015, Dankuni, Hooghly, West Bengal by Sri Krishnendu Mitra, the returned candidate of Ward No. 15 of Dankuni Municipality
1. In spite of having a pending criminal case vide no. 57/2010 dated 17.05.10 u/s 341/143/323/504/506 etc GR 477/2010 under Dankuni Police Station against Sri Krishnendu Mitra as a principal accused, Sri Mitra, did not mention the fact in his affidavit while submitting his nomination form in Dankuni Municipal Election '15.
2. The above suppression of fact was duly communicated by Sri Kaushik Manna of North Station Pally, Dankuni, Hooghly on 06.04.15.
3. In this connection, several recorded complaints and letters under RTI Act were sent to concerned authorities by:
Name of the sender Addressed to Dated
a) Sri Kaushik Manna Returning Officer, Dankuni Municipal Election, 2015 and Sub-Divisional Officer, Srirampur 06/04/15
b) Sri Jayanta Mukherjee Returning Officer, Dankuni Municipal Election, 2015 and Sub-Divisional Officer, Srirampur 06/04/15
c) Sri Kaushik Manna State Election Commissioner, West Bengal 28/04/15
d) Sri Kaushik Manna His Excellency Governor of West Bengal 08/05/15
e) Sri Chandan Laskar State Election Commissioner, West Bengal 10/06/15
f) Sri Sujan Chakraborty State Election Commissioner, West Bengal 24/06/15
g) Dr. Arunava Chakraborty His Excellency Governor of West Bengal 11/06/15
h) Sri Sabyasachi Manna State Election Commissioner, West Bengal 01/07/15
Only Assistant Secretary on behalf of Governor of West Bengal forwarded the letter along with enclosures to the Chief Electoral Officer, West Bengal, Home (C&E) Dept. vide memo No 1228/1SP dated 29-06-2015 for taking necessary action and SPIO, West Bengal State Election Commission forwarded their letter to District Magistrate, Hooghly.
4. Moreover, as much as I recall, Sri Krishnendu Mitra perhaps mentioned two different educational qualifications in the consecutive Dankuni Municipal Elections held on 2009 (highest educational qualification as 'Higher Secondary') and on 2015 (highest educational qualification as 'Madhyamik') in the affidavits. In this context, a series of letters from above stated persons, under the purview of 'RTI Act 2005' were sent to:
a) Sub Divisional Officer, Serampore, Hooghly, West Bengal & Returning Officer of Dankuni Municipal Election 2015
b) District Magistrate, Chinsurah, Hooghly, West Bengal & District Election Officer, Appellate Authority
c) In addition, the copies of the appeals under RTI were also forwarded to the Commissioner, West Bengal State Election Commission.
In replying the letters under RTI Act, the concerned SPIO, office of the SDO Serampore, Hooghly, tactfully and/or intentionally evaded the issue, inspite of stating the provisions u/s 6(3) of RTI Act 2005 in the letters. SPIO provided answer as "The relevant information is not available in the Election department of this office", but he remained silent to inform from where and how the required affidavit could be obtained as was submitted by Sri Krishnendu Mitra in the year 2009 along with the nomination form for contesting in the Municipal Election.
5. Either District Magistrate or State Election Commissioner being the Appellate authority did not communicate anybody till date. It seems that all the letters forwarded were in vain attempt to seek justice against such corruption.
It is regretted to mention that the concerned officials of Municipal Election 2015 were very reluctant to furnish the required information. Rather due to such guile action, the clarity of law, justice and overall Indian Democracy will be defiled.
However, under the above scenario, I hereby submit my following queries:
A. Since the above information are in their record, what action they have taken against the accused person according to the section and sub-sections of concerned law/s and rule/s?
B. Based on the above facts, whether disqualification of the said membership and set aside of the election of ward no.15 of Dankuni Municipality by Election Commission is possible?
C. Whether have concerned SDO & Returning Officer or West Bengal State Election Commission any power to suit a file in the court of law independently for setting aside the election?
D. If yes, why neither concerned SDO & Returning Officer nor West Bengal State Election Commission suited any file in any court of law?
F. When sufficient information about suppression of fact in the affidavit leads to electoral offence and corrupt practices was with concerned SDO & Returning Officer or West Bengal State Election Commission, have they at least served any show-cause notice to the alleged person?