The ruling Bharatiya Janata Party emerged stronger in the elections for four Rajya Sabha seats from Rajasthan on Friday after the High Court disallowed a Bahujan Samaj Party MLA, incarcerated in a murder case, from casting his vote. With the combined Opposition votes declining after the court’s order, the BJP is set to make a clean sweep.
The Vacation Bench of Justice Prakash Gupta at the Rajasthan High Court dismissed a petition moved by BSP MLA B.L. Kushwaha affirming his right to vote in the Rajya Sabha elections. The court ruled that the right to vote was not a fundamental right, but was only a statutory right given by the Representation of the People Act.
“Section 62 of the Act provides that no person shall vote if he is confined in a prison or is in the lawful custody of the police,” said the court, while rejecting Mr. Kushwaha's petition. The MLA from Dholpur is at present lodged in jail in connection with the murder of a youth in 2012.
The court noted that the case against the MLA was pending before the Additional Sessions Judge in Dholpur and he had not impleaded the Chief Election Commissioner and the State Assembly Secretary as parties to his petition.
Since 199 of the 200 members of the State Assembly are now eligible to cast their votes after the High Court's order, the number of first priority votes required by each candidate for winning has reduced from the 41 to 40. The BJP – having 160 votes of its own MLA and enjoying the support of four independents and two National Unionist Zamindara Party members – is almost sure to win the four seats.
Opposition strength
On the other hand, the combined strength of Opposition votes, comprising Congress, BSP, National People's Party and some Independents, has reduced to 33, seven short of the required number of 40.
The BJP has confined its legislators and the supporting MLAs to a resort on the outskirts of Jaipur on the pretext of organising a training camp for them. The four candidates – Union Minister Venkaiah Naidu, BJP national vice-president Om Mathur, Harshvardhan Singh and Ram Kumar Verma – are also attending the camp.
The Congress has issued a whip to its MLAs to vote for former Union Minister and industrialist Kamal Morarka, who has entered the fray as an Independent. The decision was taken in accordance with the directions of All India Congress Committee at a meeting of Congress Legislature Party convened at Leader of Opposition Rameshwar Dudi's residence here late on Thursday night.
Of the 24 MLAs of the Congress, 21 turned up for the CLP meeting, where a mock drill was also conducted for the polling.
