Bengaluru, Aug 13 (IANS) Karnataka Chief Minister Siddaramaiah’s Legal Advisor and Congress MLA A.S. Ponnanna said on Wednesday that the Election Commission (EC) is not answering the questions asked by the Leader of the Opposition (LoP) in the Lok Sabha, Rahul Gandhi, and instead is asking him to give oath along with his complaint regarding the “election fraud.”

“They (EC) are not coming out clean and are not answering questions raised by the LoP Rahul Gandhi. Instead of answering the grave questions which touch upon the very basics of Indian democracy, the ECI has taken an approach which not even the students of law can accept,” Ponnanna told media persons in Bengaluru.

He said that in response to the grave allegation of gross illegalities, discrepancies in the voters’ list made by LoP Rahul Gandhi, the Election Commission came up with the shocking reply, and demanded that the LoP Rahul Gandhi should come on oath in terms of Rule 20 (3) of the Registration of Electors’ Rule 1960, and also threatened that the action would be taken if he does not abide by the instructions.

“These rules, the Electors’ Rules 1960, have no applicability whatsoever to the allegations made by Rahul Gandhi. To extract one subclause of a rule and quote that in a general response is absurd. The electoral rules deal with the registration of electors, objections to these registrations and claims,” he said.

Ponnanna point out that these rules can’t be taken in a subclause form and shown in defence.

“Rules 12 to 20 deal with this entire process. It deals with individual voters who request to be added, objectors who object to such actions and objectors who want voters to be deleted,” he said.

He said that the Election Registration Officer is entitled to deal with such objections and such claims by either accepting or rejecting without any enquiry, and added that he has the power under Rule 70.

“If he feels that an enquiry is to be initiated, he can start a summary inquiry, issue a notice to the claimant or the objectors. In the process of that inquiry, in his discretion under subclause 3 of Rule 20, he can ask either the claimant or the objector to come out on oath,” he said.

Ponnanna said that this is the procedure for the inclusion and deletion of voters.

“If I want to be a voter in Bengaluru, this is the procedure. Now, how does this apply to the allegations of illegalities and total misuse of machinery under an unclean electoral list, as mentioned by LoP Rahul Gandhi? There is no applicability,” he further pointed out.

He claimed that it is appalling that the ECI, which is a Constitutional body entrusted with maintaining the sanctity of the election process and electoral list, is coming up with absurd defences.

“This entire response of EC shows that they are trying to hide something,” claimed Ponnanna.

Earlier, Karnataka Chief Electoral Officer (CEO) V. Anbukumar had issued a notice to LoP Rahul Gandhi asking him to produce relevant documents regarding his charges of election fraud.

The CEO also underlined in the notice that the document shown in the press conference by LoP Rahul Gandhi is not official.

–IANS

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