New Delhi:
The Supreme Court today refused to interfere in the Rajya Sabha election in Jharkhand, scheduled to take place on May 3, which was countermanded following allegations of use of money power and horse-trading. The Supreme Court said it will not put a stay on the biennial election to the two Rajya Sabha seats, since the Central Bureau of Investigation (CBI) investigation in the case is still on.
While allowing withdrawal of the petition filed by former Jharkhand Member of Parliament Salkhan Murmu for staying the election process, a bench of justices Altamas Kabir and J Chelameshwar said, "We can't issue any mandamus to the President." Mr Murmu, through his counsel, contended the entire election process was vitiated as the two MLAs involved in the alleged horse-trading will also be voting in the election.
It was further contended since Central Bureau of Investigation (CBI) was investigating the matter, it would not be proper to permit the election process, much less the tainted MLAs to vote.
"Till now, they (MLAs) have not been disqualified. Why should they not be allowed to vote?" the bench told the counsel. It asked the petitioner to approach the appropriate forum with his grievances.
When the counsel sought the liberty of the Supreme Court to move the President, the bemused bench said "why do you need our liberty? You don't need it. We are not dismissing your petition. We are allowing you to withdraw the petition."
The earlier notification of March 12 for holding biennial election to fill the two vacancies from Jharkhand was rescinded by President Pratibha Patil on March 31 following a recommendation by the Election Commission in the wake of allegations of use of money power in the March 30 poll.
The term of office of two members of Rajya Sabha elected from Jharkhand was to expire on April 2 due to the retirement of Surendrajeet Singh Ahluwalia and Mabel Rebello. The Election Commission has said the election process has to be completed by May 5.
The Election Commission has already written to the government for a CBI probe into the events that had led to countermand of March 30 Rajya Sabha elections in Jharkhand. The decision came after the Jharkhand High Court had asked the Commission to constitute a probe.
The EC in its letter to the government said, "Having regard to the above facts and circumstances, the Commission desires that the whole matter relating to elections to the Rajya Sabha be entrusted to the CBI for a through investigation and for bringing the culprits to book so that the pristine purity of elections to the Rajya Sabha is maintained and the glory and prestige of the Upper House of the Parliament, known as the House of Elders, is not tarnished by the entry of those who have secured election by unfair means of bribery of voters."
A large amount of cash was seized in Ranchi on the day of the polling, after which the EC had concluded it "is satisfied that the current election process for Rajya Sabha election from Jharkhand has been seriously vitiated and cannot be permitted to proceed."
The Jharkhand High Court had, while disposing of two petitions challenging the EC's decision to countermand the election in Jharkhand, observed in its order that "since it is a grave case of involvement of money power, horse-trading and influence relating to the process of election of Council of States, wherein voters are members of legislative assembly, we deem it proper to direct the Election Commission to hand over the matter to the Central Bureau of Investigation so far as criminality of any other persons is involved."
Citing examples in many states where use of money power has helped some get elected to the Rajya Sabha, the EC said "the pernicious role of money power in Rajya Sabha elections
has been reported not only from Jharkhand but similar disturbing news have reached the Commission from some other states also."