The Bharatiya Janata Party (BJP) and A.K. Shaji, an Independent candidate in the Malappuram Lok Sabha byelection, filed complaints with the police here on Thursday against United Democratic Front (UDF) candidate P.K. Kunhalikutty for alleged suppression of facts in his nomination.
But the police did not register any case as the charges levelled against Mr. Kunhalikutty were not tenable under Section 125 (A) of Representation of People Act, 1951 or Section 177 of the Indian Penal Code.
Mr. Kunhalikutty, in the affidavit filed along with his nomination for the April 12 byelection, had left a couple of columns blank, without mentioning the investment on the landed property of his wife and the value of movable assets of his dependants.
When he argued that it was an inadvertent slip, some of his rival candidates insisted that it amounted to suppression of facts and, therefore, his nomination be rejected.
District Collector Amit Meena, who is the Returning Officer, however, accepted the nomination saying that Mr. Kunhalikutty’s omission in the affidavit was not a reason for rejection of his nomination.
The BJP had complained to the Chief Election Commission (CEC) seeking removal of Mr. Meena from the post of Returning Officer. However, the CEC has not acted on the complaint.
Sub-inspector B.S. Binu told The Hindu that he could not register a case either under the Representation of People Act or IPC 177 against Mr. Kunhalikutty. He said he would be able to register a case only if an election official filed a complaint.
“Under IPC 177, a government official can file a complaint, and not any other individual or party,” Mr. Binu said. He said the complainants could approach a court for redressal of their grouse.
BJP district president K. Ramachandran, who filed the complaint as an agent of party candidate N. Sreeprakash, said that they would consider moving a court only after the election.
