JAMMU: Taking cognizance of complaint filed by a prominent advocate Sheikh Shakeel Ahmed for action against former MP of BJP Jugal Kishore for misrepresentation of facts in affidavit while filling nomination for Jammu-Reasi Lok Sabha constituency, the Chief Electoral Officer, J&K, P. K. Pole has referred the matter to Secretary, Election Commission of India for appropriate action in the matter by the Commission.
Worthwhile to mentioned her that Advocate Ahmed on April 12th, 2024 had submitted a comprehensive representation in the Office of Chief Electoral Officer, J&K against the Returning Officer Sachin Kumar Vaishya (IAS), Deputy Commissioner, Jammu who according to him failed to take action on his complaint dated April 4th, 2024 directed against Jugal Kishore, BJP Candidate for Jammu-Reasi Parliamentary Constituency, as according to the Whistler-Blower there was mismatch/variation in the affidavits dated 23-03-2019 and 30-03-2024, as the Former Member Parliament had indicated his liability towards the Banks/Financial Institutions to the tune of Rs.34,53,14,232/- (Rupees Thirty Four Crores Fifty Three Lakh Fourteen Thousand Two Hundred and Thirty Two only) in his previous affidavit dated 23-03-2019. However, in the latest affidavit, the Former Member Parliament mentioned his current liability to the tune of Rs.20,42,956.81 (Rupees Twenty Lakh Forty Two Thousand Nine Hundred Fifty Six and Paise Eighty One only).
According to Advocate Ahmed, the RO at the time of scrutiny in terms of Section 36 of the Representation of People Act, 1951 was under an obligation to consider and decide the objections raised by directing the candidate concerned to clarify the mismatch/variation as projected by the objector.
However, the Returning Officer mechanically informed Advocate Ahmed on April 7th, 2024 to approach the Court of Law in the matter thereby not considering the objections raised by him which simply means that he failed to perform his duties entrusted to him being a RO as per the Representation of People Act, 1951 and the conduct of the Returning Officer by shunning his responsibility also amounts to dereliction of duties in view of the mandatory requirements of Section 36 of Representation of People Act,1951.
Being aggrieved of the casual approach of the Returning Officer and non-consideration of his objections by the Returning Officer, Advocate S.S. Ahmed lodged a comprehensive representation in the Office of the Chief Electoral Officer, J&K and the Chief Electoral Officer, J&K vide his No. CEO-EsttDGF/13/2024-1/5048 dated April 15th, 2024 has forwarded the representation of Advocate S.S. Ahmed to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi for appropriate action by the Commission.